EEOC Case: “Complainant maintained his interpersonal skills were exceptional”

Posted: 1:52 am ET
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At the time of events giving rise to this complaint, the unnamed Complainant in this EEOC case worked as an entry-level Vice- Consul at the U.S. Consulate General in Karachi, Pakistan. The EEOC decision notes that the Complainant commenced duty in Karachi on July 18, 2011, and was involuntarily curtailed from post on April 7, 2012.

According to the EEOC, on September 24, 2014, Complainant filed an appeal, pursuant to 29 C.F.R. § 1614.403(a), from the Agency’s May 13, 2013, final decision concerning his equal employment opportunity (EEO) complaint alleging employment discrimination in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., and the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 621 et seq.

On January 24, 2017, the EEOC affirmed the State Department’s determination that no discrimination occurred.

Excerpt via eeoc.gov (PDF):

The Karachi Consul General stated that the curtailment was justified because Complainant was repeatedly insubordinate with his supervisors and he refused to accept feedback and/or guidance. The Consul General noted that making fun of a Foreign Service National was among the inappropriate actions taken by Complainant. The Consul General characterized Complainant as a very disturbing presence in the office. The Embassy Islamabad Consul General stated that he decided to request Complainant’s involuntary curtailment and that he sought concurrence of the Deputy Chief of Mission and the Ambassador. The Islamabad Consul General noted that Complainant refused to seek voluntary curtailment and took no responsibility for his actions. According to the Islamabad Consul General, Complainant’s repeated insubordination and aggressive behavior toward the consular managers affected their ability to manage and their emotional stability. The Ambassador’s cable to Washington requesting the involuntary curtailment stated that during and after each counseling session Complainant threatened he would file a grievance or a lawsuit against his supervisors.
[…]
With respect to his Employee Evaluation Report (EER), Complainant argued that it should have reflected an excellent job performance. The Supervisor, as Complainant’s rating officer, stated that she did not have a problem with Complainant’s substantive work performance. The Supervisor commended Complainant’s intellectual skills and work ethic. However, the Supervisor remarked that the conduct issues were significant and she could not recommend that Complainant be tenured based on his conduct while she supervised him. The Supervisor noted that Complainant informed her that he would not change his behavior.

Complainant maintained that his interpersonal skills were exceptional as reflected in his reviews from his prior posts. The Supervisor, however, asserted that Complainant did not display an ability to work in a team-oriented, collaborative approach with his colleagues. The Supervisor noted that Complainant continuously made disparaging comments about one of his colleagues and suggested on several occasions that this coworker be fired. The Karachi Consul General, as Complainant’s review officer, commented that while Complainant is a very intelligent and articulate officer, his inability to compromise and accept supervisory guidance make it unlikely he could succeed in the Foreign Service over the duration of a normal career. The Karachi Consul General explained that Karachi is a post where there are ongoing threats and they work in a constant state of crisis. The Karachi Consul General asserted that teamwork, sensitivity, and flexibility are critical to maintaining morale and assisting others in dealing with the stress.
[….]
The Agency determined that Complainant failed to establish pretext with respect to both the Letter of Admonishment and the involuntary curtailment. The Agency noted that Complainant stated in his affidavit that he did not believe his race and age were factors in the Letter of Admonishment. With respect to Complainant’s claim of age discrimination as to the involuntary curtailment, the Agency rejected that argument noting that three of the four management officials named in the complaint are substantially older than Complainant. As to Complainant’s claim of reprisal, the Agency discerned no persuasive argument from Complainant to challenge its reasons for the issuance of the Letter of Admonishment and the involuntary curtailment. In terms of the Employee Evaluation Report, the Agency stated that it sees no reason to disbelieve the consistent criticism by three officers in the chain of command regarding Complainant’s interpersonal skills.
[…]
Complainant stated that the Karachi Consul General referred to him as Señor. Complainant explained that this reference could be perceived as demeaning his standing in the community and stated that after some time he objected to the term. With regard to the Consul, Complainant claimed that he sought to elicit much information from him that was not directed toward a professional goal. Complainant maintained that the Consul was intimidated and threatened by his experience and made him feel uncomfortable by frequently asking him why he was in Karachi. According to the Supervisor, when she asked Complainant for examples of harassment by the Consul, Complainant stated that the Consul watched him too much and asked him why he joined the Foreign Service. The Karachi Consul General denied that Complainant raised a hostile work environment with him but acknowledged that Complainant was unhappy with Consular Section operations. The Karachi Consul General stated that he urged Complainant to make efforts to get along with management but that Complainant responded he had the ability to operate the Section more effectively than management. The Embassy Islamabad Consul General stated that he believed Complainant created a hostile work environment for his bosses and was not himself suffering from a hostile work environment.

The Agency noted that only one witness recommended by Complainant supported his description of the work environment. This witness stated that after Complainant spoke with the Deputy Chief Mission on March 12, 2012, the Supervisor began to question him to a larger extent than the other officers and otherwise shunned him. According to this witness, the Supervisor created a hostile work environment but not based on Complainant’s race or age. The witness stated that all of the Foreign Service Officers in the Section told him that the Supervisor mismanaged the Section. With regard to Complainant’s style of interpersonal communication, the witness stated that some of Complainant’s peers found him abrasive and unnecessarily argumentative. The witness added that Complainant was sometimes abrasive with his supervisors.
[…]
Complainant has not submitted persuasive evidence that the Agency’s scrutiny of various aspects of his work, the comments at issue, and his leave were greater than that of any of his colleagues or that the scrutiny was based on his age, race, or prior EEO activity. It appears that Complainant’s Supervisor may have had problems managing the Section, but those difficulties and her treatment of Complainant were not attributable to an impermissible discriminatory motivation. Complainant in turn engaged in interpersonal communication that was abrasive and unnecessarily argumentative with both management officials and coworkers, and the Embassy Islamabad Consul General believed that Complainant created a hostile work environment for management officials in Karachi. We find that Complainant did not establish that he was subjected to a legally hostile work environment based on his race, age or in reprisal for his protected EEO activity.

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Raymond Davis Writes About How He Landed in Prison and Ignited a Diplomatic Crisis in Pakistan (Excerpt)

Posted: 4:59 am ET
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For three months in the early part of 2011, Raymond Davis was the biggest news out of Pakistan (see links below). This week, he released a book of his account from landing in Pakistani prison to igniting a diplomatic crisis.

Raymond Davis is a former United States Army soldier and military contractor who became the center of an international maelstrom after his involvement in a shooting in Lahore, Pakistan on January 27, 2011. Born and raised in Big Stone Gap, Virginia, Davis spent 10 years in the army, the last six of which he spent as a member of the Special Forces. After being discharged from the army in 2003 because of an injury, Davis worked as a private contractor providing operational security in Afghanistan and Pakistan. (via Amazon)

Leon E. Panetta, Chairman of The Panetta Institute for Public Policy writes: “Reading Ray’s account brought back a lot of memories about the difficult challenges he faced. The book is a tribute to those public servants like Ray who quietly do their job, put their lives on the line, and will do whatever is necessary to protect and defend their country. He is a silent patriot.” (via Amazon)

Excerpt below via Kindle Preview:

Clips:

Related posts:

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@StateDept v. @USAID: Reconciling Interagency Priorities Remains a Top Management Challenge

Posted: 2:14 am ET
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USAID/OIG reported on its Top Management Challenges for FY2017.  The following is an excerpt on one of its challenges, reconciling interagency priorities with examples from the Arab Spring and operations in Pakistan:

Contingency operations and other efforts require coordination with multiple U.S. Government agencies, yet USAID’s development priorities do not always align with other agencies’ priorities, making it difficult for USAID to achieve its core development mission. In particular, coordination with the State Department, which leads multiagency operations that respond to political and security crises, has presented challenges to USAID’s project planning and execution. Despite broad interagency guidance on State’s role in politically sensitive environments, USAID employees are sometimes unclear as to how to manage additional layers of review, respond to changing priorities, and balance short-term and long-term priorities. Lack of knowledge about other agencies’ processes exacerbates these challenges.

Arab Spring

To identify the challenges USAID faced during the early part of the protest movement that came to be known as the Arab Spring (December 2010-June 2014), we surveyed 70 USAID employees working on programs for Egypt, Tunisia, Libya, and Yemen.1 According to USAID staff, the State Department’s influence over USAID programs increased after the Arab Spring began, creating additional challenges. For example, a USAID employee in Egypt noted that State’s control “severely constrains USAID’s ability to design and execute technically sound development projects,” stating that agreed-upon steps to design activities and select implementation mechanisms abruptly change. USAID staff pointed out that State’s added layer of review slowed operations, and USAID employees had to dedicate additional time to building consensus and gaining external parties’ approval. USAID employees also said State officials, unfamiliar with the Agency and its different types of procurement, made requests that were difficult to accommodate under USAID procedures.

In a more recent audit in Pakistan, we also found challenges in reconciling short-term political goals with long-term development goals.

Pakistan

Our audit of the $7.5 billion aid package authorized under the Enhanced Partnership for Pakistan Act (EPPA) found that USAID’s programs there have not achieved intended development objectives, in part because of competing priorities between State and USAID. The State Department has the lead role for assistance activities in Pakistan, making it responsible for budget and project decisions.2 At the outset, USAID/Pakistan followed State’s initial strategy, which lacked long-term development outcomes and goals. In 2013, USAID/Pakistan implemented a formal strategy that linked activities to a long-term development goal but lacked indicators to measure progress. The strategy also focused on repairing and upgrading Pakistan’s energy infrastructure—mirroring State’s focus on energy as key to long-term growth—but not on other priority areas, such as health, education, and economic growth. According to USAID staff, implementing a development strategy under State Department control was challenging.

As a result of our EPPA audit, we made recommendations to improve USAID’s development implementation in an interagency environment, including that USAID revise its policies to (1) clearly define USAID’s roles and responsibilities for designing and implementing development when it is subject to State Department control and (2) provide alternate development strategies when a country development cooperation strategy3 or a transitional country strategy is not an option. We also recommended that the Agency institute an interagency forum where USAID can better present its development per- spective in countries where the State Department takes the lead. In response, USAID’s Administrator has engaged the State Department leadership to discuss solutions, including better reconciling interests at the beginning of planning and programming, so that USAID and State leadership can help staff pursue both agencies’ objectives simultaneously.

USAID/OIG notes that USAID has begun actions to address OIG’s recommendations to address this challenge. However, until corrective actions are fully implemented and realized, reconciling interagency priorities to advance inter- national development will remain a top management challenge.

USAID/OIG indicates that it interviewed 31 USAID officials who worked on activities in these countries, and administered a questionnaire. In all, 70 employees from USAID either had interviews or responded to the questionnaire.

 

Related OIG items:

  • “Competing Priorities Have Complicated USAID/Pakistan’s Efforts to Achieve Long-Term Development Under EPPA” (G-391-16-003-P), September 8, 2016
  • “Most Serious Management and Performance Challenges for the U.S. Agency for International Development,” October 15, 2015
  • “Survey of USAID’s Arab Spring Challenges in Egypt, Tunisia, Libya, and Yemen” (8-000-15-001-S), April 30, 2015

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New Faces at U.S. Mission Pakistan: Raymond McGrath, Grace Shelton, Yuriy Fedkiw

Posted: 1:29 am ET
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This year’s rotation brought new faces to the three constituent posts in Pakistan.  Senior FSO Raymond McGrath is the latest to join the US Mission in Pakistan as he became Consul General in Peshawar last month.  In September, FSO Grace W. Shelton assumed charge of Consulate General Karachi while in August, FSO Yuriy Fedkiw took charge of Consulate Genera Lahore.

U.S. Consulate General Peshawar: Raymond McGrath

Raymond McGrath assumed his post as Consul General in Peshawar, Pakistan in November 2016.  Mr. McGrath joined the U.S. Department of State in June 1986.  He is a member of the Senior Foreign Service with the personal rank of Minister Counselor.  He most recently served in the Bureau of Human Resources in Washington, first as coordinator of a project to redesign the Foreign Service personnel evaluation and promotion systems, and then as a Career Development Officer with staff responsibilities for the high-level committee that identifies Chief of Mission candidates for consideration by the Secretary and President.  Mr. McGrath’s other Washington assignments include those of financial economist in the Office of Investment Affairs; Deputy Director in the Office of West African Affairs; and Coordinator for Cuban Affairs.  His overseas assignments include Hermosillo, Mexico; Quito, Ecuador; Manila, Philippines; Lima, Peru; Havana, Cuba; Bogota, Colombia; and Ciudad Juarez, Mexico (where like in Peshawar he served as Consul General and Principal Officer).  Mr. McGrath holds a Bachelor of Arts degree from the University of Notre Dame and a Master of Business Administration degree from the University of Arizona.  He is married and has two teenage children.

U.S. Consulate General Karachi: Grace W. Shelton

Grace W. Shelton assumed charge as the U.S. Consul General in Karachi on September 8, 2016. A career diplomat in the United States Foreign Service, she most recently served as the Director of the Office of Central Asian Affairs in the Bureau of South and Central Asian Affairs. She also served as the Consul General at the U.S. Consulate General in Hamilton, Bermuda. Her other previous assignments include Slovenia, Nepal, Belarus, Malaysia and Washington DC. Prior to joining the Foreign Service, Ms. Shelton was an attorney with Bouhan, Williams & Levy in Savannah, Georgia and a law clerk to the Honorable Duross Fitzpatrick, United States District Judge for the Middle District of Georgia.  She has a J.D. and a Masters in International Affairs from Columbia University and a Bachelor of Arts degree from Bucknell University. Ms. Shelton was born and raised in Durham, North Carolina.

U.S. Consulate General Lahore: Yuriy Fedkiw

Consul General Yuriy Fedkiw is the 29th American diplomat to lead the U.S. post in Lahore, where the United States has maintained a diplomatic presence and built a strong relationship with the people of Punjab since 1947.

Yuriy Fedkiw was most recently the Principal Officer at the U.S. Consulate in Fukuoka, Japan and previously served in Iraq, Ukraine, Slovenia, China, Tokyo, and Washington, DC. Prior to entering the Foreign Service, Consul General Fedkiw coordinated international relations for the City of Oita. He received his B.A. in East Asian Studies from Wittenberg University, an M.A. in International Affairs from American University, and an M.A. in International Relations from Ritsumeikan University in Kyoto, Japan.

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FBI to Veteran Diplomat Robin Raphel: “Do you know any foreigners?” #criminalizingdiplomacy

Posted: 1:29  pm ET
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We’ve posted previously about Ambassador Robin Raphel in this blog. See Case Against Veteran Diplomat Robin Raphel Ends Without Charges, Who’s Gonna Say Sorry?. Also below:

Today, the Wall Street Journal runs an extensive account of what happened and why this case is a concerning one for American diplomats:

The NSA regularly swept up Pakistani communications “to, from or about” senior U.S. officials working in the country. Some American officials would appear in Pakistani intercepts as often as once a week. What Raphel didn’t realize was that her desire to engage with foreign officials, the very skill set her supervisors encouraged, had put a target on her back.

The FBI didn’t have a clear picture of where Raphel fit on the State Department organizational chart. She was a political adviser with the rank of ambassador but she wasn’t a key policy maker anymore. She seemed to have informal contacts with everyone who mattered in Islamabad—more, even, than the sitting ambassador and the CIA station chief.

[…]
State Department officials said that when they spoke to the FBI agents, they had the feeling they were explaining the basics of how diplomats worked.

At times, Raphel’s colleagues pushed back—warning the FBI that their investigation risked “criminalizing diplomacy,” according to a former official who was briefed on the interviews.

In one interview, the agents asked James Dobbins, who served as SRAP from 2013 to 2014, whether it was OK for Raphel to talk to a Pakistani source about information that wasn’t restricted at the time, but would later be deemed classified.

“If somebody tells you something in one conversation, you might write that up and it becomes classified,” he said. “But that doesn’t mean the next time you see them that you can’t talk about what you’d already talked about.”

[…]

Over the past two years, diplomats in Pakistan and the U.S. have scaled back contacts, according to officials in both countries. U.S. diplomats say they are afraid of what the NSA and the FBI might hear about them.

“What happened to Raphel could happen to any of us,” said Ryan Crocker, one of the State Department’s most highly decorated career ambassadors. Given the empowerment of law enforcement after 9/11 and the U.S.’s growing reliance on signals intelligence in place of diplomatic reporting, he said, “we will know less and we will be less secure.”

“Look what happened to the one person who was out talking to people,” said Dan Feldman, Raphel’s former boss at State. “Does that not become a cautionary tale?”

[…]

Diplomatic Security had yet to restore her security clearance. Some of her friends at the State Department said they believed the FBI opposed the idea.

Kerry and Raphel stood close together for only a couple of minutes. On the sidelines of the noisy gathering, Kerry leaned over and whispered into Raphel’s ear: “I am sorry about what has happened to you.”

Read in full below:

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Trump-Sharif TelCon Jolts World, India Issues Deadpan Response

Posted: 3:30 am ET
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President-elect Trump had a chat with Pakistan PM Nawaz Sharif, see the read out below.  After Sharif’s invitation to visit Pakistan, Mr. Trump reportedly said he would love to come to Pakistan, “a fantastic country, fantastic place of fantastic people.” According to The Times of India,  the Indian Ministry of External Affairs spokesperson Vikas Swarup issued a deadpan response: “We look forward to the President-elect helping Pakistan address the most outstanding of its outstanding issues – terrorism.” 

The Trump Transition has released its own sober readout of the telephone conversation on November 30, but Pakistan’s version got all the eyeballs.

For comparison, click here for the WH readout of the phone call between President Obama and PM Sharif on November 21, 2014.  Click here for the readout of that same phone call from Pakistan’s Foreign Ministry.

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Pakistani PM Nawaz Sharif Up For Grabs on eBay For a Limited Time

Posted: 2:48 am ET
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Over 200 people from Pakistan have been named as having offshore companies in the Panama Papers.  Media reports say that Prime Minister Nawaz Sharif is linked to 9 companies connected to his family name. He has faced strong criticism for it at home while he is reportedly in London for a medical checkup. On April 13, somebody with no apparent separation anxiety put up the prime minister for sale on eBay UK with a startling beginning price of £99.99.  There are currently 100 bids from 12 bidders.    The latest bid as of this writing is £66,200.00.

The seller’s description says “No box or instructions. Buyer must collect. Seller not prepared to touch item. Pick up from central London today, address will be supplied on completion of sale. Buyer must arrange own transport.” And that’s the nicer part of the description.

Screen Shot 2016-04-13

 

It looks like the idea started off with UK’s prime minister.  A couple of days previously, somebody also tried to sell Prime Minister David Cameron on eBay, although it looks like the listing had been taken down with 5 days to go. There were 153 bids before it was removed.

 

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Suicide Attack in Lahore’s Gulshan-e-Iqbal Park Kills 70, Injures 250 in Pakistan

Posted: 1:08 am ET
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USCG Lahore released a emergency message on March 27 informing U.S. citizens that a suicide bomber killed at least 60 people outside of Gulshan-e-Iqbal Park in Lahore’s Iqbal Town neighborhood in the evening hours of Sunday. It urged U.S. citizens to avoid this area and if aware of any U.S. citizens injured in this attack, to please call the American Embassy in Islamabad at 051 201 4000. Media reports say at least 70 people have now been confirmed dead and about 250 people have been wounded.

 

 

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