EEOC Case: Complaint Over Arranging Transportation to a Happy Hour in Baghdad

Posted: 12:35 am ET


DECISION | Complainant filed a timely appeal with this Commission from the Agency’s decision dated January 21, 2014, dismissing her complaint of unlawful employment discrimination in violation of Title VII of the Civil Rights Act of 1964 (Title VII), as amended, 42 U.S.C. § 2000e et seq.  Upon review, the Commission finds that Complainant’s complaint was properly dismissed pursuant to 29 C.F.R. § 1614.107(a)(1) for failure to state a claim.


At the time of events giving rise to this complaint, Complainant worked as a Foreign Services Officer at the  U. S. Embassy  in Baghdad, Iraq.

On December 20, 2013, Complainant filed a formal complaint alleging that the Agency subjected her to discrimination on the basis of sex (female) when she received an email from an official outside her chain of command requesting that she arrange his transportation to a happy hour.

Information in the record shows that the  email  stated “[Complainant], since you are such an expert could you put in a request for a vehicle.”   Both Complainant and  the involved official had been invited by the Australian  Embassy to go to the event, and the official’s office and Complainant’s office  had worked together in the past. The official said that Complainant had offered to arrange transportation to a meeting in the past. When the official learned that Complainant was upset by his email, he apologized.

Analysis and Findings

Under the regulations set forth at 29 C.F.R. Part 1614, an agency shall accept a complaint from an aggrieved employee or applicant for employment who believes that he or she has been discriminated against by that agency because of race, color, religion, sex, national origin, age or disabling condition.  29 C.F.R. §§ 1614.103, .106(a).  The Commission’s federal sector case precedent has long defined an “aggrieved employee” as one who suffers a present harm or loss with respect to a term, condition, or privilege of employment for which there is a remedy.  Diaz v. Dep’t of the Air Force, EEOC Request No. 05931049 (April 21, 1994).  If complainant cannot establish that s/he is aggrieved, the agency shall dismiss a complaint for failure to state a claim.  29 C.F.R. § 1614.107(a)(1).

The Commission has held that where, as here, a complaint does not challenge an agency action or inaction regarding a specific term, condition, or privilege of employment, the claim of harassment may survive if it alleges conduct that is sufficiently severe or pervasive to alter the conditions of the complainant’s employment.  See Harris v. Forklift Systems, Inc., 510 U.S. 17, 23 (1993). We find that Complainant’s allegations, involving a one-time isolated email,  are insufficient to state a claim of a hostile work environment.

The Commission finds that the complaint fails to state a claim under the EEOC regulations because Complainant failed to show that she suffered harm or loss with respect to a term, condition, or privilege of employment for which there is a remedy.  See Diaz v. Dep’t of the Air Force, EEOC Request No. 05931049 (April 21, 1994).

Accordingly, the Agency’s final decision dismissing Complainant’s complaint is AFFIRMED.

The text of the entire decision is available to read here.





J. Kael Weston’s The Mirror Test: America at War in Iraq and Afghanistan (Excerpt)

Posted: 1:45 am ET

“When we look into that mirror, let’s not turn away.”
-J. Kael Weston

Richard Holbrooke in The Longest War called John Kael Weston “a remarkable young Foreign Service officer after he established a direct dialogue with tribal leaders, university students, mullahs, madrassa students and even Taliban defectors in 2008.

Dexter Filkins, the author of The Forever War wrote that “As a front-line political officer for the State Department, Weston has perhaps seen more of Iraq and Afghanistan than any single American. But what makes this book special–what makes Weston special–is his ability to transcend his own experience and bring it all home, and force us, as Americans, to ask ourselves the larger questions that these wars demand. This is a necessary book, and one that will last.” 

Phil Klay, the author of Redeployment and winner of the 2014 National Book Award for Fiction  and the John Leonard First Book Prize wrote that the books is “a riveting, on-the-ground look at American policy and its aftermath” and “is essential reading for anyone seeking to come to terms with our endless wars.”

John Kael Weston joined the State Department in 2001. He served in Iraq and Afghanistan as the State Department representative in Anbar Province, Iraq, and Helmand and Khost Provinces in Afghanistan ( He has a twin brother Kyle Weston who works for a Utah-based outsourcing company and wrote about experiencing war through a twin.  Prior to serving in the war zones of Iraq and Afghanistan, he served at USUN in 2003.  He is the recipient of the Secretary of State’’s Medal for Heroism.  He left government service in 2010.  Read an excerpt below courtesy of Amazon Kindle/Preview:

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click on image to read the excerpt



United States v. DynCorp: Suit Alleges Submission of False Claims in Iraqi Police Force Contract

Posted: 2:42 am ET


United States Files Suit against DynCorp International Alleging Submission of False Claims under State Department Contract

The United States filed a False Claims Act complaint against DynCorp International Inc. (DynCorp) alleging that it knowingly submitted inflated claims in connection with a State Department contract to train Iraqi police forces (CIVPOL contract), the Department of Justice announced today.  The United States filed the complaint in the U.S. District Court for the District of Columbia.  DynCorp, which is headquartered in McLean, Virginia, is a wholly-owned subsidiary of Delta Tucker Holdings Inc.

In April 2004, the State Department’s Bureau for International Narcotics and Law Enforcement Affairs awarded the CIVPOL contract to DynCorp to provide training for civilian police forces in Iraq and other services needed to support that effort, such as trainers, guards, translators, vehicles and living quarters for contractor personnel.  In its complaint, the United States alleges that DynCorp knowingly allowed one of its main CIVPOL subcontractors to charge excessive and unsubstantiated rates for hotel lodging, translator, security guard and driving services and overhead expenses, and included these charges in the claims it submitted under the CIVPOL contract to the State Department.  The complaint also alleges that DynCorp added its own markup to its subcontractor’s excessive charges, thereby further inflating the claims it submitted to the government.

“Companies that contract with the United States have an obligation to deal fairly and openly with the government,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division.  “Attempting to take advantage of the American taxpayers in times of war is a shameful abuse of this responsibility.”

“The United States relies on its contractors to be forthcoming with accurate information and to act responsibly in return for receiving the taxpayers’ money,” said U.S. Attorney Channing D. Phillips of the District of Columbia.  “Our office is committed to recovering funds from those who fail to adhere to those responsibilities and obligations.”

The civil complaint in this action is the result of an investigation by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Office for the District of Columbia and the State Department’s Office of Inspector General.

The case is captioned United States v. DynCorp International, Inc., No. 1:16-cv-01473 (D.D.C.).  The claims asserted in the complaint are allegations only, and there has been no determination of liability.



USAID Reconstruction Contracts in Afghanistan and Iraq Bites Former Louis Berger Executives

Posted: 4:05 am ET


In May 2015,  the former president, chief executive officer, and chairman of the board of USAID contractor Louis Berger Group Inc. (LBG) was  sentenced to 12 months of home confinement and fined $4.5 million for conspiring to defraud the U.S. Agency for International Development (USAID) with respect to billions of dollars in contracts over a nearly 20-year period.  See Conspired to Defraud Uncle Sam? Be Very Afraid. We’re Gonna Put You in Home Confinement! Last week, USDOJ announced that it has filed a lawsuit under the False Claims Act against the former LBG CEO Derish M. Wolff  and former CFO Salvatore J. Pepe “for conspiring to overbill the U.S. Agency for International Development (USAID) and other government agencies for costs incurred performing reconstruction contracts in Afghanistan, Iraq, and other countries.”

Via USDOJ: United States Sues Former Executives of Government Contractor for Making False Claims in Connection with Reconstruction Contracts in Afghanistan and Iraq

The Justice Department announced today that the government has filed suit under the False Claims Act against Derish M. Wolff and Salvatore J. Pepe, respectively the former CEO and CFO of Louis Berger Group Inc. (LBG), for conspiring to overbill the U.S. Agency for International Development (USAID) and other government agencies for costs incurred performing reconstruction contracts in Afghanistan, Iraq, and other countries, the Justice Department announced today.  LBG is based in East Orange, New Jersey.

“Those who do business with the U.S. government should expect appropriate consequences if they do not deal fairly,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division.  “As this case demonstrates, the government will hold both corporate entities and individuals accountable if they misuse taxpayer funds.”

The government’s complaint alleges that Wolff and Pepe designed and directed various accounting schemes that resulted in LBG billing the government for indirect overhead costs at inflated rates.  According to the complaint, for example, Wolff and Pepe shifted portions of salaries of LBG executives and accounting personnel from contracts paid for by foreign and state governments and private entities to contracts paid for by the United States.  Wolff and Pepe allegedly certified the false rates and submitted them to the government in annual financial reports.

The United States resolved criminal and civil claims against LBG arising from this conduct on Nov. 5, 2010.  At that time, LBG entered into a Deferred Prosecution Agreement and paid $50.6 million to resolve False Claims Act allegations.  Pepe pleaded guilty on that date to a charge of conspiracy to defraud the government and was later sentenced to one year probation.  Wolff pleaded guilty to the same charge on Dec. 12, 2014, and was later sentencedto 12 months of home confinement and required to pay a $4.5 million fine for his role in the scheme.  The complaint filed today asserts civil claims against Wolff and Pepe.

The United States filed its complaint in a lawsuit originally brought under the qui tam, or whistleblower, provisions of the False Claims Act, by Harold Salomon, an LBG accountant from March 2002 to October 2005.  Under the Act, a private citizen can sue on behalf of the United States and share in any recovery.  The United States is also entitled to intervene in the lawsuit, as it has done in this case.

This matter is being handled by the Civil Division’s Commercial Litigation Branch and the U.S. Attorney’s Office for the District of Maryland, with investigative support from the FBI, USAID’s Office of Inspector General, the Defense Criminal Investigative Service and the Defense Contract Audit Agency.

“I applaud the dedication of USAID-OIG special agents, along with special agents of the FBI and the Defense Criminal Investigative Service,” said USAID Inspector General Ann Calvaresi Barr.  “Their joint investigative work has helped the Justice Department take action against those responsible and signals our continuing commitment to protecting public funds from fraud, waste, and abuse.”

The case is United States ex rel. Harold Salomon v. Derish M. Wolff & Salvatore J. Pepe, Civ. No. RWT-06-1970 (D. Md.).  The claims asserted against Wolff and Pepe are allegations only to the extent not admitted in their criminal pleas, and there has been no determination of civil liability.


U.S. Consulate General Erbil: Employees Try Kurdish Food on Newroz

Posted: 12:45 am EDT


US Consul General in Erbil Matthias Mitman with some of his staff trying some Kurdish dishes on Newroz, the Kurdish celebration of the Persian new year and a festival celebrating the beginning of spring.





US Embassy Baghdad Issues Warning on Possible Collapse of Iraq’s Mosul Dam

Posted: 3:19 am EDT


On February 29, the U.S. Embassy in Baghdad issued a Security Message to U.S. citizens in the country on planning for the possible collapse of the Mosul Dam, formerly known as Saddam Dam and the largest dam in Iraq.

The disruption of maintenance operations in 2014 increased the risk of the Mosul Dam collapsing.  The Government of Iraq (GOI) is preparing to initiate emergency maintenance operations to reduce the risk of failure.

A dam failure would cause significant flooding and interruption of essential services in low-lying areas along the Tigris River Valley from Mosul to Baghdad.  Some models estimate that Mosul could be inundated by as much as 70 feet (21 meters) of water within hours of the breach.  Downriver cities such as Tikrit, Samarra, and Baghdad could be inundated with smaller, but still significant levels of flooding within 24-72 hours of the breach.

We have no specific information that indicates when a breach might occur, but out of an abundance of caution, we would like to underscore that prompt evacuation offers the most effective tool to save lives of the hundreds of thousands of people living in the most dangerous part of the flood path in the event of a breach.  Proper preparation could save many lives.


The Telegraph reported in December last year that an Italian company, Trevi, won a $2 billion (£1.3 billion) contract to repair the dam and that the Italian government was prepared to send 500 troops to guard the Italian company’s employees who will be tasked to do repair work.  On February 29, a company spokesman confirmed to the Guardian that the contract still had not been signed and gave no expected signature date.

On February 28, the US Embassy in Baghdad also released a fact sheet on the dam:

The floodwave would resemble an in-land tidal wave between Mosul and Samarra’, and would sweep downstream anything in its path, including bodies, buildings, cars, unexploded ordinances, hazardous chemicals, and waste; less than 6 inches of moving water is strong enough to knock a person off his feet, and 16 inches of moving water can carry away most automobiles. Flooding south of Samarra would resemble that of Hurricane Katrina, with standing water that pervades much of Baghdad for weeks to months. As floodwaters recede, mud and waste-covered remnants of previous infrastructure will be left behind.

> Flood water could reach depths greater than 45 feet in some parts of Mosul City in as little as one to four hours, giving residents little time to flee.

> Flood water could reach Tikrit in one to two days.

> Flood water could reach Baghdad in three to four days and have depths of up to 33 feet in the river channel.

> Some parts of Baghdad would be flooded, which could include Baghdad International Airport.

Read in full here:



Embassy Baghdad notes that it would be “extremely limited in its ability to assist in the event of a crisis” and encouraged  U.S. citizens in Iraq, especially those who reside in the floodplain of the Tigris River to develop their personal contingency plans.



Following a Court Filing, @StateDept Issues Iraqi Refugee John Doe a Special Immigrant Visa

Posted: 1:38 pm EDT


In November last year, we wrote about John Doe, an Iraqi refugee allowed by Judge Richard W. Roberts to file his complaint under a pseudonym in the District Court of the District of Columbia.  As of the filing of the Complaint, it had been over three years since John Doe first filed his papers for chief of mission (COM) approval. Over two years had elapsed since John Doe submitted his SIV Application materials. In addition, it was over one year and nine months since John Doe completed his interview, the final step in his application process (see Meet John Doe, an Iraqi Refugee Who Works For Uncle Sam, and Still Waiting For Resettlement in the Home of the Brave).

According to court records, the SIV was issued and the case was subsequently dismissed by the District Court of the District of Columbia. The case is John Doe v. State Department, et. al., Civil Action No. 15-cv-01971-RBW.

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Look Who Gets A Straight Answer Out Of Donald Rumsfeld

Posted: 2:27 am EDT


Below is Stephen Colbert’s interview with former Secretary of Defense Donald Rumsfeld.

The main feature in this interview is the declassified memo (PDF) from General Myers and an accompanying eight-page Joint Chiefs of Staff report which makes clear that the Intelligence Community’s (IC) “don’t know with any precision how much we don’t know” and that  “knowledge of the Iraqi nuclear weapons program is based largely – perhaps 90% – on analysis of imprecise intelligence.”  Read more here via UNREDACTED from the National Security Archive.

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US Implements Visa Waiver Restrictions For Dual Nationals From Iran, Iraq, Sudan, and Syria

Posted: 6:09 pm EDT


The ‘‘Consolidated Appropriations Act, 2016’’ which became Public Law No: 114-113 on December 18, 2015 includes a provision for “terrorist travel prevention and visa waiver program” officially called the ‘‘Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015’’.  The new law which affects dual nationals from WVP countries and Iran, Iraq, Sudan and Syria includes a waiver to be be exercised by the DHS secretary.  The new law also requires the Secretary of Homeland Security to submit to the Committee on Homeland Security, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, and the Committee on the Judiciary of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs, the Committee on Foreign Relations, the Select Committee on Intelligence, and the Committee on the Judiciary of the Senate a report on each instance in which the Secretary exercised the waiver authority during the previous year.

On January 21, the State Department announced the implementation of the changes to the Visa Waiver Program. Below is the announcement:

The United States today began implementing changes under the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015 (the Act). U.S. Customs and Border Protection (CBP) welcomes more than a million passengers arriving to the United States every day and is committed to facilitating legitimate travel while maintaining the highest standards of security and border protection. Under the Act, travelers in the following categories are no longer eligible to travel or be admitted to the United States under the Visa Waiver Program (VWP):

  • Nationals of VWP countries who have traveled to or been present in Iran, Iraq, Sudan, or Syria on or after March 1, 2011 (with limited exceptions for travel for diplomatic or military purposes in the service of a VWP country).
  • Nationals of VWP countries who are also nationals of Iran, Iraq, Sudan, or Syria.

These individuals will still be able to apply for a visa using the regular immigration process at our embassies or consulates. For those who need a U.S. visa for urgent business, medical, or humanitarian travel to the United States, U.S. embassies and consulates stand ready to process applications on an expedited basis.

Beginning January 21, 2016, travelers who currently have valid Electronic System for Travel Authorizations (ESTAs) and who have previously indicated holding dual nationality with one of the four countries listed above on their ESTA applications will have their current ESTAs revoked.

Under the new law, the Secretary of Homeland Security may waive these restrictions if he determines that such a waiver is in the law enforcement or national security interests of the United States. Such waivers will be granted only on a case-by-case basis. As a general matter, categories of travelers who may be eligible for a waiver include:

  • Individuals who traveled to Iran, Iraq, Sudan or Syria on behalf of international organizations, regional organizations, and sub-national governments on official duty;
  • Individuals who traveled to Iran, Iraq, Sudan or Syria on behalf of a humanitarian NGO on official duty;
  • Individuals who traveled to Iran, Iraq, Sudan or Syria as a journalist for reporting purposes;
  • Individuals who traveled to Iran for legitimate business-related purposes following the conclusion of the Joint Comprehensive Plan of Action (July 14, 2015); and
  • Individuals who have traveled to Iraq for legitimate business-related purposes.

Again, whether ESTA applicants will receive a waiver will be determined on a case-by-case basis, consistent with the terms of the law. In addition, we will continue to explore whether and how the waivers can be used for dual nationals of Iraq, Syria, Iran and Sudan.

Any traveler who receives notification that they are no longer eligible to travel under the VWP are still eligible to travel to the United States with a valid nonimmigrant visa issued by a U.S. embassy or consulate. Such travelers will be required to appear for an interview and obtain a visa in their passports at a U.S. embassy or consulate before traveling to the United States.

The new law does not ban travel to the United States, or admission into the United States, and the great majority of VWP travelers will not be affected by the legislation.

An updated ESTA application with additional questions is scheduled to be released in late February 2016 to address exceptions for diplomatic- and military-related travel provided for in the Act.

Information on visa applications can be found at

Current ESTA holders are encouraged to check their ESTA status prior to travel on CBP’s website at


A couple days ago ….


US Embassy Baghdad: “Several” Americans Missing in Iraq

Posted: 2:15 am EDT


CNN is reporting that three American contractors went missing in Iraq two days ago, citing an unnamed senior security official in Baghdad.

“A company filed a report Sunday about three of its staff going missing two days ago. They are American contractors. We are looking into this report,” the official told CNN. Separately, an Iraqi security official with knowledge of the case said that two of three missing contractors are dual Iraqi-American citizens, and that the third is an American national.

“We are working in full cooperation with Iraqi authorities to locate the missing Americans,” said U.S. Embassy spokesman Scott Bolz according to the AP.

Although some media outlets are reporting that three are missing, the U.S. Embassy has confirmed to the AP on Sunday that “several” Americans have gone missing in Iraq, after local media reported that three Americans had been kidnapped in the Iraqi capital.

The latest Travel Warning for Iraq dated December 4, 2015 notes:

The U.S. government considers the potential threat to U.S. government personnel in Iraq to be serious enough to require them to live and work under strict security guidelines.  All U.S. government employees under the authority of the U.S. Chief of Mission must follow strict safety and security procedures when traveling outside the Embassy and Consulates.

It is not clear if the missing are American contractors working for NGOs operating in Iraq or if they are USG contractors. We also have yet to see reporting on the circumstances of their disappearance.