@StateDept Diplomat: Why would any woman in her right mind choose to report harassment? See me? #MeToo

Posted: 1:31 am ET

 

The following came to us from a Foreign Service Officer who said she is in the middle of an Equal Employment Opportunity (EEO) complaint, has already waited 16 months to get her appeal heard, and now, could face firing from the State Department.  We are republishing below the entire text:

#MeToo In the wake of the Weinstein allegations and the blessed floodgates they have opened, many people have asked why more women don’t report sexual harassment and assault, and called upon women to do so in order to out the harassers and protect other women from them. I offer my story fighting harassment and bullying at the U.S. Department of State as an example of the huge cost women can pay when they have the courage to take a stand. It is a story of a system that is designed to silence and indeed, punish those who come forward, while protecting the institution and the abusers at all costs.

I have served as a dedicated and decorated Foreign Service officer in the Department of State since May 2011 when I left my practice as a litigation attorney to serve my country. My first tour was in Port-au-Prince, Haiti where I worked with the Haitian parliament and political parties to improve their electoral system, including supporting women seeking and serving in elected office, as well as strengthening the rule of law, improving democratic processes, and protecting human rights. I was awarded the Department of State’s Meritorious Honor Award for my work advancing women’s rights in Haiti in 2013, called a “rising star” by my supervisors, and recommended for immediate tenure and promotion. On the strength of those recommendations, I was tenured on my first try in the fall of 2014 after only serving one overseas assignment – a rarity in the Foreign Service.

In early 2015 I was sent to a small Consulate in Latin America to serve as a vice consul adjudicating visas for my second tour. I eagerly threw myself into my new work. After less than 120 days, in May 2015 the Department of State medically evacuated me back to the United States and curtailed my assignment. Why? Because I was suffering from severe physical and mental health issues stemming from a months-long concerted campaign to harass, bully, and intimidate me on the basis of my gender. I filed an Equal Employment Opportunity (EEO) complaint with the Department of State, returned to Washington, D.C. and tried to move on with my life professionally and personally.

Little did I know the harassment, bullying, intimidation, and retaliation had only just begun. Over the course of the summer and fall of 2015 the individuals I had filed my EEO complaint against engaged in numerous acts of retaliation against me, including writing and filing a false, defamatory, negative performance review which to this day remains in my official employment file and has led to the complete ruin of my career at the Department of State. They also spread vicious, false, and defamatory rumors about me, stating that I had been forced to leave Post because I was having an affair with a married American working at the Consulate – an absolute falsehood. Finally, they refused to ship home all of my personal belongings that I had had to leave behind when I was quickly evacuated from the Consulate. After months of delay, all of my things arrived in D.C. covered in toxic mold – tens of thousands of dollars of personal property and memories destroyed. I filed an amended EEO complaint alleging that these actions were all taken in retaliation for filing my first EEO complaint and retained an attorney.

The Department assigned my case to an outside investigator in early 2016. I submitted hundreds of pages of affidavits, briefs, and exhibits detailing the harassment and bullying as well as the concerted and ongoing campaign of retaliation against me. The six individuals I accused submitted virtually identical and brief statements categorically denying all of my allegations and offering absolutely zero corroborating evidence. The investigator failed to interview any of the additional witnesses we proffered and issued a brief report denying my claims and failing to include or address much of the evidence I had proffered.

In July of 2016 I filed an appeal with the U.S. Equal Employment Opportunity Commission and was told by my attorney that it would be at least six to nine months before an administrative judge was assigned to my case due to the backlog of EEOC complaints and lack of sufficient resources to timely adjudicate them. After 16 months, an administrative judge was finally assigned to my appeal at the end of October 2017. But it is likely too late for her to help me.

In the intervening time, the State Department has refused to remove the false, negative, defamatory performance review filed in retaliation against me from my official performance file – stating that they could not do so unless and until ordered by a judge. I have been up for promotion two times since that review was placed in my file in November of 2015. Each time the promotion boards have denied me promotion and issued a letter stating that I was “low-ranked” in the bottom two percent of officers in my grade and cone. As explanation, each letter quoted extensively from the 2015 false, negative, defamatory review filed in retaliation for my EEO complaint, citing this review as the reason for my low ranking.

On November 8, I received notification that because of these consecutive low-rankings I had been referred for “selection out” of the Foreign Service, a polite way of saying I had been referred to a Board for firing. That Board will meet sometime before the end of 2017 and decide whether or not to fire me. The rules state that the Board will not accept any additional evidence or witness testimony and will make its decision instead based solely on my written performance file which includes the false, negative, defamatory, review filed in 2015 in retaliation for my EEO complaint.

By contrast, every individual I accused in my EEO complaint has been promoted and continues to serve at increasingly high ranks in the Foreign Service. They have faced absolutely zero consequences for their unlawful harassment, bullying, and retaliation against me – while I have suffered greatly for coming forward and reporting their unlawful actions and am about to pay the ultimate price: the loss of my job and livelihood.

I followed the rules. I worked within the system to come forward and report the harassment, bullying, and retaliation I have faced and continue to face. I continued to serve my country and work hard to represent the United States throughout this time. In fact, I have continued to receive awards for my work – most recently in September 2017. Yet I have paid and continue to pay dearly for my decision to come forward. So to those who ask why more women don’t come forward, I ask “why would any woman in her right mind choose to report harassment in the workplace when this is the result?”

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Burn Bag: Ding! Ding! Ding! This Is Your ‘More Than Just Stupid’ Warning!

Via Burn Bag:

“A director of a regional diplomatic courier office has openly expressed he does not want to hire “women of childbearing age”. He achieves this by carefully examining candidates’ resumes when hiring to fill an EFM position. BBag, can you stop this stupidity, considering it’s from an FS-1?”

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EFM – eligible family member
FS01 – the highest rank in the regular Foreign Service, last step before the Senior Foreign Service; equivalent to a full Colonel in the military

Why this is more than just stupid? SCOTUS:

The Supreme Court decides International Union, UAW v. Johnson Controls and addresses the issue of fetal hazards. In this case, the employer barred women of childbearing age from certain jobs due to potential harm that could occur to a fetus. The Court rules that the employer’s restriction against fertile women performing “dangerous jobs” constitutes sex discrimination under Title VII. The Court further rules that the employer’s fetal protection policy could be justified only if being able to bear children was a bona fide occupational qualification (BFOQ) for the job. The fact that the job posed risk to fertile women does not justify barring all fertile women from the position.

The Supreme Court in Phillips v. Martin Marietta Corp. holds that Title VII’s prohibition against sex discrimination means that employers cannot discriminate on the basis of sex plus other factors such as having school age children. In practical terms, EEOC’s policy forbids employers from using one hiring policy for women with small children and a different policy for males with children of a similar age.

In Gibson v. West, the Supreme Court endorses EEOC’s position that it has the legal authority to require that federal agencies pay compensatory damages when EEOC has ruled during the administrative process that the federal agency has unlawfully discriminated in violation of Title VII.

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USCG Naples: Don’t Smile, You’re In the New York Post!

— By Domani Spero

The New York Post has been stirring up a super storm in Foggy Bottom. Following the CBS News scoop on alleged interference over DSS investigations, the NYPost let out the screaming kraken bubbling with all the allegations and names for all to see. On June 11, it has Hillary’s sorry state of affairs.  This was followed on June 13 with State Department has hired agents with criminal records, memo reveals. On June 14, Another State Dept. tryst and shout.  On June 15, Politician seeks answers on Weiner wife Huma Abedin’s private consulting gig.

Frankly, by Sunday, our eyeballs felt Mad Max crazy and weary.  But then another one burst on our screen:  Whistleblower accuses consul general of trysts with subordinates and hookers. Wait – whaaaat?

This latest allegation which concerns the U.S. Consul General in Naples is now reportedly part of an Equal Employment Opportunity complaint filed with the State Department’s Office of Civil Rights.  The complainant according to the New York Post is Kerry Howard, a former Community Liaison Officer (CLO) at USCG Naples. CLO positions are typically filled by eligible family members (EFMs) accompanying their FSOs on assignments overseas.  We should note that the position is currently vacant in the latest Key Officers List.

US Consulate General Naples, Italy Photo via USCG/FB)

US Consulate General Naples, Italy
Photo via USCG/FB)

Excerpt via the NYPost:

[A] whistleblower claims she was run out of the foreign service after complaining about a consul general’s alleged office trysts with subordinates and hookers.

Kerry Howard says she was bullied, harassed and forced to resign after she exposed US Consul General Donald Moore’s alleged security-threatening shenanigans in the Naples, Italy, office.

As the post’s community-liaison officer, Howard was charged with keeping workplace peace and advising higher-ups on the state of morale, but when she revealed allegations about her boss, State Department officials swept it under the rug, according to an Equal Employment Opportunity complaint she filed with the department’s Office of Civil Rights.
[…]
The soap opera in Italy unfolded in the fall of 2010, when Moore became the Naples consul general after serving in the same capacity at the US Embassy in Port au Prince, Haiti. As a senior foreign-service officer, Moore could make as much as $179,700 a year, State Department data says.

[…]
With the affair rumors swirling, Howard’s supervisor, Pamela Caplis, instructed Howard to keep quiet, Howard claims.

“I have already informed Frankfurt,” Caplis allegedly said in what Howard claims was an attempt to head off the complaint.

Still, on a February 2011 trip to Rome, Howard told the US Embassy’s management officer, Frank Ledahawsky, that morale was “very bad” because of the alleged affair.

“We have to save his career,” Ledahawsky allegedly said.

Shortly after the meeting, Moore was allegedly called to Rome and ordered to end his relationship with the employee.

Howard thought her troubles would be over, but she became a target instead.

Read in full here.

According to his official bio, the official referred to in the EEO complaint is a career member of the Senior Foreign Service, Class of Counselor. He joined the Foreign Service in 1992 after serving as an Assistant State Attorney for the 15th Judicial Circuit in Florida.

The  CLO’s supervisor is normally the management officer/counselor at post.  At one point in 2011, Ms. Caplis named in the report was also the acting Consul General in Naples.  Another officer mentioned in this report Frank J. Ledahowsky, is the management counselor at the US Embassy in Rome.  Mr. Ledahowsky arrived in Rome in August 2008 according to the OIG report on US Mission Italy.  The inspection report is dated 2010 and included an inspection conducted on USCG Naples between February 23 and March 2, 2010 prior to the tenure of Mr. Moore.

The US Mission in Italy (including the constituent posts in Florence, Milan and Naples) is under the authority of Ambassador David Thorne who has been the United States Ambassador to Italy and Ambassador to San Marino since 2009.  He is also the twin brother of Julia Thorne, Secretary Kerry’s first wife.  Douglas C. Hengel is Deputy Chief of Mission for the U.S. Embassy in Rome, a position he assumed in November 2010. The DCM is typically the supervisor and rating officer of the principal officers of constituent posts.

Since this is an Office of Civil Rights case, it is doubtful that we’ll ever get to read the affidavits apparently executed by seven former Italian consulate employees used in support of this complaint.  Should be interesting to see how this ends. The OCR  investigation into this allegation is reportedly nearing its conclusion.

Is it just us or do you get a feeling that we have crossed into a whole new world of reality?  It looks like keeping a stiff upper lip as was “standard” diplomatic practice has now become as outdated as your ancient Wang machine.  We can’t say if this trend becomes a tidal wave but we noticed that we now have almost about *half a dozen State Department whistleblowers, some self-proclaimed , and it’s only June.

* (Mark Thompson (State/CT), Gregory Hicks (former DCM, US Embassy Tripoli), Eric Nordstrom (former RSO, US Embassy Tripoli)Kerry Howard (former CLO, USCG Naples)Aurelia Fedenisn (former OIG), Richard Higbie (DS, Texas).

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Snapshot: State Dept Discrimination and Reprisal Complaints FY2008-FY2013

The Notification and Federal Employee Anti-Discrimination and Retaliation (No FEAR) Act requires that federal agencies post on their public web sites certain statistical data summary relating to equal employment opportunity complaints filed against the respective agencies.  The Act will be 10 years old on October 1, 2013.

The State Department posted its statistical information in accordance with the No FEAR Act here. Below is a snapshot of complaints by basis during the last five fiscal years and the first quarter of FY2013. Note that in FY2012, complaints on reprisal rank #1, with race, sex and age tied at #2 and disability at #3. During the first quarter of FY2013, complaints on reprisal is already on the lead.

Screen grab from state.gov

Screen grab from state.gov (click on image to see the complete data)

This, of course, only include cases of complaints actually filed. Complaints taken but filed or lost in a filing cabinet are not included in the count.

Another striking thing with the statistical data is that non-sexual (hostile work environment) harassment by far registered the most number of complaints by issue in fiscal year 2012. Is that surprising to you?  See more here.
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