How @StateDept Handles Domestic Violence Overseas: One Example and Some Questions

 

In the many years that we’ve watched the State Department, or asked questions about assaults, harassment, or domestic violence, we seldom see a public accounting of how the agency handles these cases, particularly overseas.  State had such a case in 2018. And we’re only seeing it now because the case landed in the U.S. Equal Employment Opportunity Commission.  The EEOC case came from a complainant who was previously assigned to an overseas post in the Bureau of Near Eastern Affairs (NEA).
On November 7, 2018, Complainant filed an EEO complaint alleging that the Agency [State Department] subjected him to discrimination and a hostile work environment/harassment on the basis of sex (male), status as a parent, and in retaliation for “whistleblower activity”. The EEOC notes that “With respect to Complainant’s allegations on appeal of violations of the U.S. Constitution, whistleblower protection laws, criminal laws, and tortious laws not addressed by EEO laws, these laws are not within the purview of the EEO complaint process.”.
The State Department concluded that Complainant failed to prove that the Agency subjected him to discrimination as alleged. On March 13, 2020, the EEOC issued a decision which affirmed the Agency’s final decision. Excerpt from Appeal No. 2019005790:
The Agency accepted the complaint as to the alleged basis of sex and conducted an investigation, which produced the following pertinent facts:
Complainant was assigned to the Agency’s facility [/], accompanied by his spouse (“Spouse”) (female) and children. He and his family resided in U.S. government-supplied housing.
On September 21, 2018, Spouse reported an incident of domestic violence to the Deputy Regional Security Officer (Deputy RSO), alleging Complainant assaulted her. The alleged assault occurred on September 9, 2018, while they were on vacation in Poland. Deputy RSO attested that, based on Spouse’s report, it was reasonable to believe that domestic violence had occurred, and he reported the situation to the front office and the Office of Special Investigations (OSI), as required by Agency policy.
The Agency’s Family Advisory Team (FAT) was advised of Spouse’s report of domestic violence and they recommended that, in the best interest of the family, Complainant and Spouse be separated for a cooling down period. One factor in the decision was Spouse’s comment that she was afraid of Complainant’s finding out that she made the report. Members of the FAT recommended the separation out of concern for further violence, without a determination as to the veracity of Spouse’s allegations, until a decision could be made as to the next steps. The Deputy Chief of Mission instructed that Complainant be removed from the residence, pending further deliberations by the FAT.
On September 21, 2018, Deputy RSO and two other Agency employees went to the residence Complainant shared with his Spouse and their children and informed Complaint that he was being relocated to a hotel. Complainant and Spouse were instructed not to contact each other until a decision was made about the alleged domestic violence incident. Complainant cooperated and was escorted to a hotel.
On September 25, 2018, Complainant reported to Deputy RSO that Spouse was the aggressor in the domestic violence incident. Deputy RSO instructed Complainant to communicate with OSI, as they had jurisdiction.
In the instant complaint, Complainant alleged sex was a factor because he was required to leave the residence, while Spouse remained in the home with their children.
On September 26, 2018, Complainant met with a Human Resources Officer (HRO) and Agency security personnel and was informed that he must immediately leave the post and return to the United States. He was given the choice of voluntary or involuntary curtailment. He was informed that the issues facing his family could not be addressed locally and resources were not available to manage his family situation. Complainant agreed to a voluntary curtailment because the official reason would be classified as personal and there would be no discipline. He also attested that he selected voluntary curtailment because, even though he was the victim of Spouse’s assault, he did not believe he would have any support at the post.
HRO explained that when there is a conflict between two members of a household and one or more of the individuals are direct hires, the Agency policy is to curtail the direct hire. She further explained that this approach is preferred as there is an unwillingness to involve the local police in a potential domestic violence situation. She explained that the post cannot adjudicate claims and make a determination, as that authority rests with OSI. She explained that the post has no authority to require a family member of a direct hire to leave the country and the only viable option is to require the direct hire to curtail, which then will require the spouse or other family member to vacate the government-supplied housing.
The Deputy Chief of Mission attested that she made the decision to curtail Complainant, as this was the third occasion of serious behavioral incidents involving Complainant since he arrived, less than a year ago and, based on the advice from FAT, she instructed that he be given a choice of voluntary or involuntary.
On September 28, 2018, Complainant returned to the United States. Spouse and their children remained behind to pack their belongings and arrived in the United States on October 17, 2018.
Upon his arrival in the United States, Complainant was informed by Diplomatic Security that an update for approval of his security clearance had been initiated “for cause.” Complainant’s security clearance was not scheduled to expire until June 2021. Complainant alleged that the review of his security clearance was initiated by the post to support their decision to remove him from [post].
The Office Director of DS/SI/PSS explained that he was, in part, responsible for the investigation and adjudication of security clearances for the Department and Complainant was subject to an “out of cycle” investigation regarding his security clearance because of the reports received from a Diplomatic Security investigation alleging potential misconduct. He explained that the investigation was “for cause,” non-routine, and pursuant to regulations.
With respect to the alleged harassment, Complainant attested that, on November 7, 2018, the Agency notified him that he was the subject of an administrative inquiry into allegations that he was a harasser.
He explained that he learned that, during a social setting, he made a comment about Spouse that might have been considered a distasteful joke but did not rise to the level of harassment. He also alleged that, during a meeting with the American Foreign Service Association and Human Resources, a Human Resources representative asked him when he anticipated retiring.
[…]
The Agency explained that, following Spouse’s report of domestic violence, the Agency felt it in the best interest of the family that Complainant and Spouse be separated for a cooling down period, pending a determination as to what steps were next. The Agency further explained that there is an unwillingness to involve local authorities in such matters and it lacks the authority to adjudicate such matters. The Agency explained that in such situations involving a direct hire employee and an accompanying spouse, it is the Agency’s policy to curtail the direct hire, which would then cause the spouse and family to be required to vacate the government-supplied housing. The Agency also explained that Complainant was subject to an “out of cycle” investigation regarding his security clearance because of the reports of alleged potential misconduct. We note that, although Complainant and Spouse disagree as to who initiated the domestic violence, Complainant does not deny that the domestic violence occurred. We find the Agency’s actions of separating the spouses, sending the employee back to the United States, and subjecting him to another security investigation to be reasonable under these circumstances. Therefore, although Complainant has alleged discrimination, he has not established by a preponderance of the evidence, that the legitimate, non-discriminatory reasons articulated by the Agency were a pretext for unlawful discrimination or motivated by some unlawful discriminatory animus with respect to any of these claims.
The links to the related regs are below. In this case, State told the EEOC that “there is an unwillingness to involve local authorities in such matters and it lacks the authority to adjudicate such matters.” And yet, 3 FAM 1815.2 says:

d. If the initial report is substantiated, action may include one or more of the following: (1)  Post may call upon local authorities or resources in certain cases; […] (5)  Post may be asked to call upon shelter and child protection resources or find alternative shelter within the post community for the victim and any children.

Seriously though, why are these options decorating the FAM if they are never real options? In certain cases? Which cases would there be a willingness for post to call upon local authorities to settle a domestic violence case?
Perhaps the most striking thing here — well, a couple of things. 1) “Complainant agreed to a voluntary curtailment because the official reason would be classified as personal and there would be no discipline”; and 2) the Agency’s point that “the only viable option is to require the direct hire to curtail, which then will require the spouse or other family member to vacate the government-supplied housing.”
And then what?
The spouse and children returns to the United States. To where actually? To get back with the spouse? To a halfway house? To a homeless shelter? What actually happens to the family upon return to the United States following a report of domestic violence overseas? Folks do not always have houses in the DC area, spouses may be foreign born with no families in the DC area. In most cases, the household effects and those on storage are also under the employee’s name only (unless the spouse made prior arrangements).
So what happens next? Could ‘what happens next’ be one of the main reasons why folks do not report these cases?  

Related items:
3 FAM 1810 FAMILY ADVOCACY PROGRAM (CHILD ABUSE, CHILD NEGLECT, AND DOMESTIC VIOLENCE)
3 FAM 1815  DOMESTIC VIOLENCE

Digital Media Publisher Seeks Finance Editor #EFMJobs #EUR #Telecommuting

Posted: 4:18 am ET

 

SmartBrief is a digital media publisher of targeted business news and information by industry. It publishes more than 200 niche e-mail newsletters in partnership with leading trade associations and professional societies. One of its directors who manages a team of business news writers/editors reached out to us because he was looking for talent in time zones outside the United States and at diplomatic spouses in particular as a potential talent pool.  We’re sharing a job post for a full time job below (we are not paid to do this, we’re looking at the possibility of expanding on job leads in the future as a service to our EFM readers).  We may be able to share job leads for part-time jobs in the future if there is a good response. Check this out and send us feedback when you can.

Finance Editor (Overnight)

Job Description
SmartBrief seeks full-time finance editor — midnight to 8 a.m. EST weekdays

Can you condense the day’s most important news into a roundup of two-sentence summaries?

Can you work with association and corporate clients to deliver quality newsletters that keep their industries informed?

Can you meet multiple daily deadlines?

Then you’re the person for us!

SmartBrief is seeking a full-time finance editor for daily email newsletters covering global financial news. Candidates would need to be available to work between midnight and 8 a.m. EST Monday through Friday.

This is a TELECOMMUTING position. Candidates based in Europe are strongly encouraged to apply.

What we’re looking for: Someone who thrives in a fast-paced, deadline-intensive, newsroom-style work environment. The ideal candidate has worked as a finance writer or editor for a newspaper, trade journal or industry publication with multiple daily deadlines. Candidates with experience in corporate communications at a financial services firm will also be considered. Knowledge of industry trends and global financial regulatory reform initiatives would be a HUGE plus. Our briefs summarize the top stories of the day for dozens of industry associations, and our editors work with freelancers to shape that content.

Applicants will be asked to complete timed writing and editing tests.

Job Duties:

  • Identify news stories for inclusion in SmartBrief’s finance and business newsletters.
  • Edit news summaries for grammar, style and tone for a particular audience.
  • Use online publishing tools to create email newsletters and other content.
  • Manage relationships with associations, corporations and other business clients as well as freelance writers and other content providers.

Required Skills & Experience:

  • Proven writing and editing skills. Alternative: Three to five years of experience in a communications or research role with a news organization, consulting firm, trade association or other relevant group.
  • Ability to write and edit quickly and accurately on deadline.
  • Sophisticated understanding of how to find news and information on the Web.
  • Facility for using online publishing tools.
  • Knowledge of Associated Press style.
  • Strong interpersonal and communications skills.
  • Proven record of sharing responsibilities and managing multiple projects/deadlines simultaneously.

About SmartBrief:

Founded in 1999, SmartBrief is the leader in customized e-mail news services and reaches top-flight executives in a variety of markets, including advertising, retail, hospitality, telecom, health care and consumer packaged goods. We’re expanding rapidly and looking for exceptional, motivated individuals to join our team. At SmartBrief, employees enjoy an entrepreneurial work environment with accelerated advancement opportunities. SmartBrief is proud to be an equal opportunity employer.

Job Location
Telecommute (Candidates based in Europe are strongly encouraged to apply.), , United States
Position Type
Full-Time/Regular

See the original job post and application page here.

#


Meet Newt, Soon to be @StateDept’s Newest Eligible Family Member

Posted: 12:54 am ET
[twitter-follow screen_name=’Diplopundit’]

 

Via Politico:  Last week, Newt Gingrich sat in a classroom surrounded by 11 women and one other man, furiously jotting notes. In the weeklong intensive, where classes ran from 9 a.m. to 4 p.m. with only a short cafeteria lunch break in between, the former House speaker and onetime presidential candidate received a crash course in a new role: invisible spouse.  When he moves to Rome with his wife, Callista Gingrich, to become husband of the ambassador to the Holy See, the ubiquitous Fox News talking head will have no official diplomatic role abroad, beyond being generally presentable and essentially not heard from.

When Callista Gingrich is confirmed by the U.S. Senate as Ambassador to the Vatican, Newt Gingrich, the 50th Speaker of the United States House of Representatives and Fox News talking head will officially become a diplomatic spouse or an eligible family member (EFM). He has to be listed on Form OF-126, Foreign Service Residence and Dependency Report of the sponsoring employee, and be on Mrs. Gingrich travel orders. If they place their household effects in storage in Hagerstown, we’re fairly sure, it will be in Mrs. Gingrich’s name because she is the employee. Will he need to go to the Community Liaison Office to logon to OpenNet? Will they let him make his own request for house repairs or does the employee have to do that? Who will he need permission from to pursue outside employment?

And for every bureau, post, COM, etc. whoever slapped a diplomatic spouse’s hands or threatened his/her employee-spouse’s career for blogging or writing articles that has nothing to do with policy or privileged information, get ready. This should be interesting, huh?!

Related posts:

Yes or No: EFMs Are Making Their Maximum Contribution 😱 A Picture Book 😭

Posted: 12:38 am ET
[twitter-follow screen_name=’Diplopundit’]

 

Part I:  “EFMs are making their maximum contribution!”

Yes, Sir. Yes.

Via giphy.com

Great! Word cloud your maximum contribution.

Note: Eligible Family Members (EFMs) washing their vegetables in Clorox or donating one collapsed lung due to host country pollution are considered normal condition of the service, and do not/not count as contribution.

How many receptions did you host? Did you cook all the meals? Did you massage your diplomat’s tired feet? How do you rate yourself in the perfection scale of a diplomatic hostess?

via reactiongifs.com

See, a perfectly painless exercise!

*

Part II: “EFMs are making their maximum contribution.”

No, Sir. No… I mean …

via professionalfangirls.com

So, EFMs are not working as hard as they should in support of the mission.

Via Imgur

No, sir, that’s not what I mean, see … it’s like …

You have an MBA from Wharton and you take any job you can to support the mission, keep your brain from turning into a rusty nail, and keep the bag lady “I’ll live to be 86 with no retirement” nightmare away.

Certainly underpaid, and underemployed but 30.0001% of EFMs are LUCKY if they can get any job. Any  job maybe except as a cheesy hottie in Minsk.

 

But 56.01234% of EFMs do not even have jobs. And see, the 14.0016% who works in the local economy (if there is a bilateral work agreement), may have to give up some of their immunity.

Also if you have to start a business or stick your tongue out, you need permission from the Chief of Mission, who may/may not give it to you.

Then there’s … well, the delicate part.

If your spouse finds a younger model, well, damn, you could be back in the USA looking for a paid job at age 52 with a resume that’s more spotty than, oh lord, a Spotted Trunkfish!

Do you know that …. wait …

 

Too much information? You mean, wouldn’t a “yes” or “no” and a word cloud work just as well?

 

The end? The END!? But … but …. there’s more!

Via reactiongifs.com

#

Burn Bag: The situation regarding spousal employment … probably the most honest response yet

Posted: 1:40 pm EDT
[twitter-follow screen_name=’Diplopundit’ ]

 

“Yes, we devote more and better lip service to the problem every year.”  

ll1ucy_reaction gifs

Image via reactiongifs.com

— an unnamed regional bureau wag’s response when asked if the situation regarding spousal employment had improved over the years.

 

 

A chilly year up north? How Canada left U.S. Ambassador Bruce Heyman out in the cold

Posted: 12:57  am EDT
[twitter-follow screen_name=’Diplopundit’ ]

 

On March 16, the United States and Canada signed  a new agreement reaffirming the United States and Canada’s commitment to enhancing security while facilitating lawful travel and trade, and supersedes the existing U.S.-Canada Air Preclearance agreement signed in 2001.  The new preclearance agreement – allowing for the immigration, customs and agriculture inspections required for entry into either country to occur on foreign soil – will reportedly reduce congestion and delays at the border and increase efficiency and predictability in cross-border travel, tourism and transportation.

.

.

All smiles there, and why not?

Then yesterday, the Globe and Mail’s Campbell Clark has a long piece on what is reportedly Bruce Heyman’s “rough year” as America’s ambassador to Ottawa.

For Mr. Heyman, it’s telling that since the day he presented his credentials nearly a year ago, when he and his wife Vicki had a 15-minute meet-and-greet with Mr. Harper and his wife Laureen, the U.S. ambassador has never had a one-on-one with the PM.
[…]
“There was no edict,” one senior Canadian government figure insisted. But several sources said there was at least a common narrative, from the Prime Minister’s Office to ministers, that Mr. Heyman wasn’t welcome.

.

.

.

Today, there’s also this Vanderbilt Mag piece noting that “Our northern neighbor is the United States’ largest goods trading partner, with $632 billion in total goods trade in 2013.”

“Bruce and I are really tackling this job as a team,” says Vicki. “We’ve been traveling the country like road warriors. Top to bottom, right to left.”

.

A related note — right there is an example of unpaid labor by a chief of mission spouse, a tradition deeply valued by the State Department until 1972 when the directive on diplomatic wives was issued and thereby ruined the much-beloved twofer system. That’s when participation by a Foreign Service wife in the work of a post was deemed “a voluntary act of a private person” and when the diplomatic spouse’s performance memorandum stopped being placed in the FSO’s performance dossier. We presumed, by the language of the directive, that up to 1972 there were no accompanying male diplomatic spouses in the service.

#

 

State/FLO’s Global Employment Initiative — How Effective Is It? Plus a New Survey For EFMs

Posted: 12:20  am EDT
[twitter-follow screen_name=’Diplopundit’ ]

 

A few years back, the State Department’s Family Liaison Office established the Global Employment Initiative (GEI) to help Foreign Service family members with career development and exploration of employment opportunities while posted overseas. The program employs Global Employment Advisors (GEAs) reportedly to provide on-site job coaching sessions, training workshops, and career development services at no cost to family members. They also “offer networking assistance, information regarding volunteer projects, and support family members’ efforts to engage in the local economy.”

Our overall experience with this initiative was not at all impressive. A locally hired U.S. citizen got the GEI advisor gig at post and spouses interested in networking and finding jobs got on a meet and greet with a couple American companies operating in the host country.  But not a single EFM ended up with a job at post or a career plan through GEI.

There is, of course, the advantage of hiring a local U.S. citizen as GEI advisor, presuming that the individual already has an existing local network and need not have to build one from scratch. But it also has a disadvantage of hiring someone who has no idea how the system works. And that’s how you get a GEI advisor telling an EFM to make handicrafts for sale on Etsy. Because obviously, if you’re an EFM entrepreneur, the Foreign Affairs Manual does not have anything but lots of recommendations for you!

Blog comment: State’s so-called “global employment initiative” is a complete joke (well, except that nobody’s laughing about it). After two assignments I have *never* heard of someone who got a job through GEI. The only thing our regional GEI person ever said that made any sense was “State Department does not owe you a job.” Of course, I never said it did, but that was irrelevant as she then segued into telling me to start a cooking blog or make hand-woven baskets to sell on Etsy.

Image via FAMER, November 2014 (click for larger view)

Image via FAMER, November 2014 (pdf)
(click for larger view)

 

We wanted to learn more about this initiative, its funding, its results. How effective is it in assisting Foreign Service spouses overseas. How many GEI advisors have been hired to-date since its creation?  How many spouses have been helped by the initiative in finding jobs, starting a business, developing career plans, etc. We also wanted to know what is the annual budget for this initiative, and if the return justify the investment. We’ve reached out to the GEI office at the State Department last week but we have not heard anything back to-date.

If you have a personal experience with the Global Employment Initiative — if you’ve found a job, started a business, created a successful career plan, or able to develop a career through GEI while posted overseas, let us hear from you in the comments section or send us an email.  We will have a follow-up post if we have enough response.

In related news, State/FLO would like to explore ways to connect family members with professional telework opportunities and is  conducting a survey until the end of March to determine the skills, education and experience of family members in the Foreign Service:

The Family Liaison Office (FLO) is investigating ways to connect interested family members with professional telework opportunities.  To do this, we need current statistics on the education, skills, and experience of our Foreign Service family members.  The questions were developed with input from the Associates of the American Foreign Service Worldwide (AAFSW), the non-profit Foreign Service community organization. FLO will use this information to more effectively communicate with companies and organizations about the advantages of hiring talented mobile professionals.  Your responses are anonymous and the survey should take less than 5 minutes to complete.

http://www.surveymonkey.com/s/FLOEmployment

We understand that the FLO intends to use this information to “more effectively communicate with companies and organizations about the advantages of hiring talented mobile professionals.”  We wanted to know if this outreach includes hiring managers at the State Department and/or USAID, and other federal agencies for telework opportunities. We’ve asked but have not heard a response to this specific question.

Why were we asking?

Because.

If the State Department is trying to impress “companies and organizations” to take advantage of hiring talented mobile professionals who are Foreign Service members, but the agency itself will not hire them to take advantage of their talent — well, what message does that say?

They’re smashingly great, hire them to telework for you because we won’t?

 #

 

Related posts: