AAD Writes to Pompeo on the Harassment of American Diplomats at U.S.Borders

 

On July 13, 2020, the American Academy of Diplomacy (AAD) sent a formal letter to the Secretary of State regarding the issue of harassment of American Diplomats at U.S. border entry points. The letter was also furnished to the offices of the Deputy Secretary Stephen Biegun, the Under Secretary for Management Brian Bulatao, and the Director General of the Foreign Service Carol Perez.
Excerpt below:

We are writing to address one acute issue: the deeply troubling pattern in the mistreatment of Black, Hispanic and other minority officers crossing U.S. border/entry points.  By their own testimony, many State Department officers have endured regular and persistent discrimination and harassment by U.S. Customs and Border Patrol officers.  Problems include CBP officers not accepting standard diplomatic documents; placing Black and Hispanic officers in secondary examination without cause; and repeated hostile questioning and delays. This is made even more glaring when they travel with Caucasian colleagues who pass through with the same documentation. This pattern became so persistent that it reportedly led to the 2018 resignation of a Black officer posted to Mexico. In the June 11 issue of Foreign Policy Magazine, this officer reported raising the issue with supervisors and was met with relative indifference. Another officer reported problems and continued delays, even after being issued a letter by a supervisor explaining her official status.

Mistreatment of State Department personnel by U.S. CBP is not new. We have learned that such incidents have often disrupted the official travel of Black, Hispanic and other officers. While in the past, some incidents came to the attention of Department leadership, the continued reports, including from our most senior members, suggest that such mistreatment lives on and too often goes unaddressed. We hope you concur that any perception of tacit acceptance of such practices or indifference to the reports by Department officials or other Federal officials is unacceptable and warrants action.

We would like to suggest some steps to address and hopefully halt the mistreatment of Black and other minority staff, indeed all State Department staff, by law enforcement at border entry posts:

    • A Department-wide review, ordered by you, regarding the specific incidents reported by officers and consideration of measures that can be taken within State both to intervene immediately in such cases and ensure equal treatment at the border of all staff in Mexico and worldwide;
    • A review of the issue at a senior level with the Department of Homeland Security, specifically the U.S. Customs and Border Protection, to ensure such practices cease; and
    • Make clear to all Department employees that you regard such mistreatment as unacceptable, that you expect reported cases to be addressed overseas and domestically, as appropriate, and that you will follow up regularly with the Director General and relevant senior officials at State and other agencies.

The American Academy of Diplomacy strongly supports a diverse, inclusive, well-resourced, and high-impact State Department. Further progress toward this objective will require sustained effort at the most senior levels to ensure that all Department officers get the respect and dignity from US  law enforcement officials, which every American is entitled to at the border and international entry points, especially while on official duty. 

We are confident you share our concern regarding the debilitating effects on the morale of our Black,  Hispanic and other minority officers that this systemic discrimination from staff of another US Government agency has and that you undertake every effort to end it.

The AAD letter was signed by  Ambassador Thomas R. Pickering and Ambassador Ronald E. Neumann, the chairman and president respectively of the American Academy of Diplomacy.

Inbox: Respect For Our Colleagues

We received the following from “Outrage Colleague”:
The recent outrage on an online forum about the harassment of our fellow diplomats at the border is too little too late.
|> Front offices and OFM of course are aware of the treatment by CBP and foreign governments of our non American born and non-white heritage colleagues. Little has been done, when actions been taken, teams move on and old habits return.
|> Expeditors used in multiple embassies and missions are a poor excuse for unwillingness to stand up to foreign governments to this treatment.
|> There is no EEO Channel for our colleagues to report these issues to. When they report them to Management the solution is often assignment of an expeditor or a security staff member or a call to a low level official. The treatment continues and the colleague is made to feel even more different. We continue to fund programs related to aviation, security, and justice in the host nation.
|> There has been démarches for LGBTI accreditation issues yet, I don’t recall seeing an instruction on this issue, not even once.
|> This is rampant in the Middle East, Europe, Africa, and WHA and it impacts people of color, people of Hispanic heritage, people of Arab descent, and women.  
Enough.

Congress Seeks Info on @StateDept Senior Executives Who Are Subjects of Multiple Complaints

Posted: 12:47 am ET

 

Last week, we blogged about Senators seeking a review/analysis of @StateDept and @USAID sexual harassment and assault data. We have issues with the current harassment data, and sexual assault data in particularly is hard to come by. We want to know how many sexual harassment settlements were made, and how much. We also want to know how many sexual assaults reports have been made, how many cases were refused prosecution by the Department of Justice, and what happens to these cases/victims and their careers. We realized that we can scream our head off in this blog, but only Congress can force the State Department to make this data public (anonymized with no personally identifiable information). That time may be slow in coming, but it is coming.

Rep. Elijah E. Cummings, the Ranking Member of the House Committee on Oversight and Government Reform, on January 22 sent a letter to Secretary Tillerson requesting information about members of the Department’s Senior Executive Service (SES) who have been the subjects of multiple complaints, including Equal Employment Opportunity (EEO) complaints. We don’t know what are the specific complaints in this case but EEOC discrimination complaint types include AgeDisabilityEqual Pay/CompensationGenetic InformationHarassmentNational OriginPregnancyRace/ColorReligionRetaliationSex, and Sexual Harassment.

Representative Cummings notes in his letter that “Several career employees at the State Department, including one of my constituents, have written to me raising serious allegations that the Department has repeatedly failed to eliminate the hostile work environment created by a member of the SES, [NAME REDACTED].” Mr. Cummings letter says that the employees indicated to him that numerous complaints have been filed against this individual “that resulted in settlements, but the Department has taken little action to hold this executive accountable or protect employees from abusive management practices.”

We understand that there are multiple individuals involved in the complaints shared with the House Oversight Committee but we don’t know the exact numbers, and whether or not this specific inquiry involves one specific SES member or more. It is telling that the trend on the complaints has moved to the Hill, and no longer localized within the agency. Is this an indicator that the current reporting system is not responsive to the needs of those affected? Or are we just living in a different era?  We do not want to see a trial by media, especially in the hands of politicians, but victims with no real recourse for redress may decide that talking to the Hill or the press is the only action left for them, no matter the personal consequences.

Also worth noting that Mr. Cumming’s request is specific to the Senior Executive Service, the senior ranks of the Civil Service, and does not include the senior ranks of the Foreign Service.

Mr. Cummings letter is asking the State Department to respond to the following requests:

1. an itemized list, with personally identifiable information removed, enumerating  each informal and formal complaint filed against [NAME REDACTED] at any time during his career, including but not limited to EEO complaints, citing:

  • (a) the date on which each complaint was filed;
  • (b) the base(s) of the complaint;
  • (c) the dates on which the complaint advanced through the informal and formal complaint steps;
  • (d) whether there was any finding arising from the complaint that discriminatory or retaliatory action had occurred;
  • (e) whether the complaint resulted in a settlement; and
  • (f) the terms of any settlement (including any monetary amounts included in the settlement); and

2. The number of Senior Executives against whom more than one informal or formal complaint has been filed with the Department of State at any time during the past five years.

3. All Department policies governing how evaluations of Senior Executives’ performance account for their work creating equality of opportunity for all employees.

See HOGR Cummings January 22, 2018 letter to Tillerson

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@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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Consulate General St Petersburg: Two U.S. Diplomats Slipped “Date-Rape” Drug in Russia

Posted: 1:36 am ET
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The U.S. Consulate General in St. Petersburg is the largest of the three consulates general in Russia. It is the nearest to Moscow and is the site for many high-level bilateral and multilateral meetings. According to the 2013 OIG report on US Mission Russia, employees face intensified pressure by the Russian security services at a level not seen since the days of the Cold War. The mission employs 1,279 staff, including 301 U.S. direct-hire positions and 934 locally employed (LE) staff positions from 35 U.S. Government agencies (2013 OIG report).

Via RFE/RL:

Two U.S. officials traveling with diplomatic passports were drugged while attending a conference in Russia last year, and one of them was hospitalized, in what officials have concluded was part of a wider, escalating pattern of harassment of U.S. diplomats by Russia.

The incident at a hotel bar during a UN anticorruption conference in St. Petersburg in November 2015 caused concern in the U.S. State Department, which quietly protested to Moscow, according to a U.S. government official with direct knowledge of what occurred.

But it wasn’t until a dramatic event in June, when an accredited U.S. diplomat was tackled outside the U.S. Embassy in Moscow, that officials in Washington reexamined the November drugging and concluded they were part of a definite pattern.
[…]

The U.S. government official told RFE/RL that U.S. investigators concluded that the two Americans — a man and a woman — were slipped a so-called date rape drug, most likely at a bar in the St. Petersburg hotel where they were staying.

One of the Americans was incapacitated and brought to a Western medical clinic in the city for treatment, and to have blood and tissue samples taken in order to determine precisely what caused the sudden illness. However, while the person was at the clinic, the electricity suddenly went out and the staff was unable to obtain the necessary tissue samples, the official said.

The individual was then flown out of the country for further medical treatment, but by then it was too late to gather proper samples, the official said.

Because the U.S. officials in attendance at the conference were not top-level State or Justice officials, the State Department decided to take a quiet approach to the incident.A formal note of protest was lodged, the official said, but Russian authorities asked for evidence that the person had been drugged, and the Americans lacked samples.

Read in full below:

 

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