GovernmentExecutive.com

An Equal Employment Opportunity Commission administrative judge in Indianapolis found four Air National Guard supervisors guilty of "malicious retaliation" against an analyst by trying to brand her as a terrorist and a threat to the United States.

In an injunctive relief order, administrative judge Davidson Momah ordered the Air National Guard to end all paper trails and adverse personnel actions against Wynona Y. James since she filed a complaint with the agency's EEO manager in October 2002.

James is a black management analyst who filed a complaint stating that she was targeted by her supervisors because of her race.

"This order will expunge all adverse security actions EEO respondents initiated pertaining to complainant's security credentials," the ruling states.

Momah recommended that the four Air National Guard officials responsible for retaliating against James be demoted from their managerial responsibilities and attend EEO sensitivity training. He also ordered the Air National Guard to pay James $100,000 for compensatory damages and legal expenses.

The National Guard press office did not return telephone calls seeking comment on this issue, but in the past, it has not commented on Equal Employment Opportunity decisions.

According to Matthew Fogg, a Washington consultant who represented James, this case is representative of a trend of blatant reprisals within the government.

"That is direct evidence of reprisal because filing an EEO complaint is a protected activity by federal law," Fogg said. "Pulling a security clearance is a very easy way for federal managers to terrorize and destroy the livelihoods of subordinate workers for any reason under the sun."

Wynona James v. James G. Roche, Tennessee Air National Guard, EEOC 250-2004-00174X.

Stealthy Stealer

Federal employees working in the Kluczynski Federal Building in Chicago started complaining after a series of thefts over a two-week period in early December 2004. Reports also were made about a suspicious man in the secure area of the building on Dec. 15.

Two months later, the man, Arlan Dennis, 47, was spotted by Federal Protective Service agents carrying a stolen Sony PDA and was arrested by FPS and the Chicago Police Department for criminal trespass and theft.

According to Cherie McLendon, FPS Chicago chief of threat management, Dennis was able to covertly make his way in various parts of the building, and may have stolen from people who might not have been as cautious because they were in a federal building.

"We're still investigating this case, and also re-emphasizing to employees the importance of security, especially in a federal building," McLendon said. "It's our responsibility to ensure that federal government employees feel safe when they come to their workplace each day."