[blindlaw] DVA Dispute Resolution Program Manager Breaches Confidentiality

[Cathryn Bonnette]

All:

A sum of events follows in my federal employment.  I will be very
appreciative of ideas you may wish to offer.  Thanks in advance for your
time.

 

I've been an Alternative Dispute Resolution, ADR, Specialist at the
Department of Veterans Affairs, DVA for 3 years next March.  I'm
experiencing ongoing retaliation in a hostile environment, and trying to
tolerate it to remain employed and achieve career status.  The situation is
now intolerable 

I was recruited into a Schedule A, (disability related hiring authority),
and moved from California to Washington DC 3/07.  I was given opportunities
above my grade level, GS-11, within the first 6 months, completed
assignments successfully and promoted to GS-12 in 3/08.  In 5/08 a manager
was promoted to become my direct supervisor.  Days before her promotion was
finalized, I asked my current boss, the Deputy Assistant Secretary, DAS for
a transfer since I had experienced this manager's verbal abuse and
discriminatory treatment from the start of the application process.  The DAS
assured me the manager would not bother me but denied my request.  In the
next rating period after my promotion, the manager rated me as "needs
improvement'".  In 12/08 the oral threats of termination at any time began
coming from the manager with no guidance, counseling, etc. and I filed an
EEO Complaint in 1/09. The manager terminated me in 2/09.    I appealed to
the Secretary of VA, and his Chief of Staff, John Gingrage, stated "We will
make this right." The termination was reversed, but I was placed back in the
same office under the same manager.  I was given to understand it was a
"take it or leave it" proposition.  

I resumed work but the same pattern continued with the set up for failure
becoming more blatant.   I hired Gebhardt and Assoc. to represent me in the
EEO process. As my complaint moved to the formal stage, the manager placed
me on a Plan to Improve Performance, PIP in 7/09, required me to change
software from what I had used, and team members continued to use, increased
my work load and added unfamiliar assignments . The manager also designated
an incompetent reader/sighted assistance and has ignored all my
communications of ineffective reasonable accommodation. 11/09 she reported I
failed the PIP and proposed my removal.

We are preparing a response given a deadline of 12/24/09.

Yesterday as the manager and I discussed my assignments and I asked for
clarification on a change to my performance standard she made lest week that
ensures my failure, the ombudsman walked into the meeting and I agreed to
spend 15 minutes articulating the issue to him.  At that point the manager
said, "Well, I don't think I'm speaking out of turn, but- "and proceeded to
disclose that I was on a PIP, had failed the PIP, and she had proposed my
removal.  I have never discussed my personnel history with team members or
other employees.  I confronted the manager with the breach of my
confidential records and observed as she rationalized her conduct stating
that the ombudsman is acting to resolve a dispute, and the information was
relevant to him- as though discussion of any performance question with this
manager must include the ombudsman and my agreement to meet with him a few
minutes gave the manager license to disclose my confidential record.

 

I was unable to concentrate on work due to my own experience of shock and
the manager's continued oral harassment as she repeatedly entered my office
through the remainder of the day. I guess the only way to get away from her
is  to take sick leave today and Monday to determine next steps.  I am very
close to achieving career status- March 5 2010.  I believe this manager
intends to ensure I never accomplish it, and that her determination to be
rid of me is of utmost importance to her.  Meanwhile it is difficult for me
to decide a best course to take at present.

 

Again, thanks for listening.

Cathryn Bonnette (cathrynisfinally at verizon.net)