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Q: Abuse of Authority ( Answered,   0 Comments )
Subject: Abuse of Authority
Category: Business and Money > Employment
Asked by: buddy1986-ga
List Price: $20.00
Posted: 13 May 2004 00:33 PDT
Expires: 12 Jun 2004 00:33 PDT
Question ID: 345616
What are some specific examples of abuse of authority in the federal workplace?
Cite cases related to isolation, abandonment, totally ignoring a suboordinate.

Request for Question Clarification by politicalguru-ga on 13 May 2004 02:42 PDT
Could you please be more specific as to what you're looking for? What
kind of cases? what are your specific needs (what you need it for)?
etc. - so we could give you the best possible answer.

Clarification of Question by buddy1986-ga on 13 May 2004 13:23 PDT
I'm trying to verbalize my situation as a low-end supervisor who is
completely isolated & shunned by a supervisor who ignores every
request/memo I make. It is retaliatory. I turned in my supervisor's
best friend for sexual abuse. It is made worse by the fact I am
already isolayed on the night shift. Also, this is probably in regard
to a prohibited personnel practise. Can't find any cases online. Have
explored Office of Special Counsel. This friend is still on the night
shift with me and reports to my superbvisor!

Request for Question Clarification by tutuzdad-ga on 13 May 2004 14:06 PDT
Are these the types of cases you need to see?:

Here are some cases and excerpts from the summaries from the US OFFICE
OF SPECIAL COUNSEL wherein federal employees suffered retaliation up
to and in some cases including isolation, removal of privileges,
reassignment, harassment, termination, and so forth for reporting
on-the-job crimes or violations, filing grievances, speaking out
against their employers, etc.

?Today, the U.S. Office of Special Counsel (OSC) announced that it had
reached a favorable settlement agreement with the Department of Air
Force (AF) on behalf of Mr. Blant Norris Reeves, an AF employee, who
filed a complaint with OSC alleging whistleblower retaliation. Under
the terms of the settlement, while not conceding that it violated the
law, the AF agreed to provide corrective relief to Mr. Reeves,
including a lump-sum monetary payment, and to provide Mr. Reeves?
supervisor with prohibited personnel practice training.?

?Today, the U.S. Office of Special Counsel (OSC) announced that on
August 4, 1999, the Merit Systems Protection Board (MSPB) granted its
petition to stay the termination of Mr. Joseph Perfetto from his
position as a Safety Technician for the U.S. Department of Navy?s
Naval Support Activity (NSA) in Naples, Italy. OSC requested the stay
because its investigation revealed reasonable grounds to conclude that
Mr. Perfetto?s protected activity of filing a grievance against a
departmental supervisor was a significant factor in the determination
to fire him.?

?After a thorough investigation, OSC concluded that Mr. Jacobs,
Assistant District Director for Investigations in the agency?s Dallas
office, was suspended from his job for 21 days and ordered reassigned
to a non-supervisory position in retaliation for providing information
to a Congressional subcommittee and the media that was critical of
INS? ?Citizenship USA? program.?

??the Department of Veterans Affairs (VA) owed back pay to
whistleblower James Steen for the period in which he had received
Office of Workers? Compensation Programs (OWCP) benefits for emotional
stress. The emotional stress had been caused by the VA?s retaliatory
actions against him. The Board?s ruling granted OSC?s petition for
corrective action on Mr. Steen?s behalf, allowing him to be
financially ?made whole? for years of retaliation.?

?The U.S. Office of Special Counsel (OSC) today announced that, on
April 5, 1999, the Merit Systems Protection Board (MSPB) affirmed its
Chief Administrative Law Judge?s decision that the Immigration and
Naturalization Service (INS) violated the Whistleblower Protection Act
(WPA) when it engaged in various acts of retaliation against Elaine
Aikens, an INS employee, because she had made protected disclosures.?

Let me know if these fit the examples you are looking for.


Clarification of Question by buddy1986-ga on 13 May 2004 19:18 PDT
Yes, these have some application. Currently, my situation is an EEO
complaint and I am in the agency investigation segment. I have read
some cases but never came accross any situation where the immediate
supervisor was so completly unresponsive to his suboordinate, not just
negative actions, but complete complacency, including not responding
to a certified return receipted grievance filing notice; not
responding to a workers comp claim request; even non response to a
request for US Code PRH required official time off for the EEO
investigation! For sure, he has taken adverse actions, but never
responds to me.

Request for Question Clarification by tutuzdad-ga on 14 May 2004 11:44 PDT
Are these suitable then to consider the question answered?


Request for Question Clarification by tutuzdad-ga on 14 May 2004 12:28 PDT
Shortly after posting my last clarification response I found what I am
certain you are looking for. Therefore I am posting it as an answer.

Subject: Re: Abuse of Authority
Answered By: tutuzdad-ga on 14 May 2004 12:29 PDT
Dear buddy1986-ga;

Thank you for allowing me an opportunity to answer your interesting question.

Here is a case that speaks specifically to the situation you are
referring to. Based on my discovery of these and the other links I
have already provided to you I am posting this as an answer because it
does in fact provide a great example of your very complaint:


Here the plaintiff alleged that he was harassed, shunned and ignored
by his supervisors among other things (page 8) in relation for filing
an EEOC and PHRA complaint.

Here is another one - McGuire v. Dept. of the Interior, EEOC Appeal
No. 01974949, October 28, 1999.

?A Research Geologist employed by the U.S. Geological Survey, U.S.
Department of the Interior, was found to have suffered retaliation for
engaging in EEO activity when her supervisors allowed and fostered an
atmosphere of "group hate" towards her within the office. The Research
Geologist's coworkers engaged in "jokes, sniping, crafty comments" and
"lots of chuckling" directed at her, some of which involved her EEO
activity. In addition, one management official spoke to groups of
people during coffee klatches about the "so-called problem" and how
much the EEO activity was costing the branch, while another referenced
the EEO activity in a derogatory manner and stated that many people
felt the employee was "abusing the system." Discussions about the
employee and her EEO activity were a major topic of conversation in
the office. Witnesses said these incidents led to an atmosphere of
"gang hate" directed towards the employee. Coworkers who were friendly
prior to the EEO complaint being filed shunned the employee, fearing
that their advancement would be tainted by associating with her.?

It should be noted though that courts, in some non-Federal employment
cases, have held that mere shunning, ostracism and ambivalence toward
an employee is not actionable:

Circuit Court:
?However, the Fielder Court did state that the retaliation by the
co-worker must "rise to the level of an adverse employment action."
Not all retaliation may rise to that level. For example, the Eighth
Circuit has held that the mere shunning of such an employee by
co-workers is probably not actionable, see, Scusa v. Nestle U.S.A.
Co., Inc., 181 F.3d 958 (8th Cir. 1999). Be careful, because the
distinction is finely drawn, to say the least.?
Employment Law Newsletter

Supreme Court:
?Petitioner has failed to provide evidence that her co-workers
subjected her to anything more than shunning. Ostracism, negative
comments, and empty threats fail to rise to the severity required for
a hostile work environment. The conduct Petitioner alleges, although
maybe uncomfortable, does not provide sufficient evidence for a Title
VII retaliation claim.?

?Also, the Court in Flannery v. Trans World Airlines, Inc., 160 F.3d
425, 428 (8th Cir. 1998), refused to classify shunning as an adverse
employment action when the ostracism did not result in a reduced
salary, benefits, seniority, or responsibilities.?


I hope you find that my research exceeds your expectations. If you
have any questions about my research please post a clarification
request prior to rating the answer. Otherwise I welcome your rating
and your final comments and I look forward to working with you again
in the near future. Thank you for bringing your question to us.

Best regards;
Tutuzdad-ga ? Google Answers Researcher





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