A Detailed FOIA Response on FAA’s Accountability Board

Below is the entire 435-pages of FAA’s response to FOIA 2012-6967, as received on August 19, 2013. In theory, this represents all Accountability Board (AB) cases processed by FAA’s Northwest Mountain Region (ANM) or Western Pacific Region (AWP), during the fiscal years 2007 through 2009. In reality, this is only a partial collection, as many AB Cases were NOT included in FAA’s FOIA Response package.

There are nearly 170 different AB Cases presented here. Each lists the AB Case number (e.g., 2007-0001); the Initial Allegations (e.g., Religion); a list summarizing Respondent, Investigation Results, and Disciplinary Actions (e.g., Terminal ATCSSubstantiatedLetter of Reprimand); the Accountable Official and the Human Resources contact (e.g., A.O.: John Clancy; HR-rep: redacted); and a Synopsis paragraph, followed by links and references. All links marked ‘[link]‘ go to PDF copies of the individual records within the larger 435-page FOIA Response.

To assist the reader in scanning through the data, the AB Case numbers are encoded with three different background colors, each identifying a different major functional area of FAA. The encoding is as follows:

ATO (Air Traffic), ASH (security), AVS (Aviation Safety)

FINDINGS:

  1. The 435-page FOIA Response package was delayed far beyond the time limits declared under FOIA regulations. The original FOIA Request was made in July 2012, and copies should have been produced no later than September 2012. FAA officials delayed for more than eleven months, with no explanation.
  2. The 435-pages were excessively redacted. Disclosable details such as the name of the facility, the names of FAA officials, and gender references were nearly always hidden from public view. The redactions are absurd in many cases, owing to blatant inconsistencies, as well as to the fact that many redactions are readily discernible simply by studying the context of the sentence.
  3. There are many AB Cases that were clearly minor mis-statements by individuals that did not justify the extensive investigative effort, paperwork, and other processing of an AB Case.
  4. There are also many AB Cases where FAA officials failed to notify Accountability Board of the incident. This pattern strongly implies a longstanding inclination toward hiding failures and improprieties.
  5. It appears that FAA is quite arbitrary and inconsistent in applying disciplinary actions to employee misconducts. There are many examples where employees are quite hostile and disruptive and get just a verbal reprimand, to contrast with other examples where removals and suspensions are issued for lesser offenses.
  6. A huge amount of energy is expended in each AB Case, yet at the end, more often than not, the decision is to do what was already done (immediately after the incident, and prior to engaging Accountability Board): verbally counsel the Respondent.
  7. An exceptionally large number of AB Cases involve contract employees. Furthermore, it appears that FAA employees can readily use the AB process to file a complaint against a contract employee, with a high probability that the contract employee will either be terminated or not renewed at the end of the present contract period.
  8. A substantial number of AB Case investigations failed. It appears that many FAA employees have learned that the best strategy when being interviewed is to deny any charges, pretend you do not remember key details, and act confused and mindless. It is also very helpful for Respondents to show remorse (even if it is only for show).
  9. Considering how very well paid most FAA employees are (compared to the general public, as well as to other federal employees), the misbehaviors detailed within some of the AB Cases are frankly unbelievable. One is left to wonder how some of these FAA employees can be so messed up.
  10. Some very significant AB Cases are inexplicably missing from FAA’s FOIA Response. Not just a page, but the entire AB Case; even the AB Case numbers are being concealed. Some examples include:
    • AB-2007-0097 and AB-2007-0098 (the two Lewis AB Cases, never substantiated yet used 21-months later for an improper retaliatory removal).
    • AB-2008-0021, a case where an employee allegedly made a joke about the race of a fiancee; see F11-2330 Appeal response at pg.12-13.
    • AB-2008-0033, a Race/Religion case where an employee was offended when another called him a racist and anti-Semite; see F11-2167 Response at pg.17, and F11-2330 Appeal response at pg.15-16.
    • AB-2008-0096, AB-2008-0101, AB-2008-0112, and AB-2008-0138 .. four AB Cases listed in AWP Terminal Report copies, at pg.19 and pg.40 of the F11-0177 Remand response.
    • AB-2008-0134(ONT), AB-2008-0160(SFO), and AB-2008-0174(TUS) .. all three are highly relevant disciplinary cases, reconstructed from other FOIA responses, including F11-2164.
    • AB-2008-0160(TUS), a case where a TRACON manager got in trouble after accusing the facility secretary of being too forward; records show he tried to manipulate the testimony of others and then HE became the subject of a larger investigation. A suspension was proposed, but never issued. Eventually this manager promoted to a job at FAA Headquarters.
    • AB-2008-0174(SFO), a case where a female controller was upset in May 2008 when a drugtest contractor stared at her genitalia while she produced a pee sample. She made some harsh comments, which were reported on by Jason Ralph (… yes, the same manager who slandered Lewis a year earlier, at Concord!). The female controller was locked out from work for a full year … just like Lewis was locked out for 21-months, then fired.
    • AB-2008-0286, a case where a Nevada TRACON controller was fired for having conjugal visits on his overnight shift, while on duty in the TRACON; see F11-2330 Appeal response at p.31-32; see also F10-8298 Appeal response at pages 11, 13 and 14.
    • AB-2008-0013, AB-2008-0096, AB-2008-0101, AB-2008-0112, AB-2008-0138, AB-2008-0160, and AB-2008-0174: these seven AB cases were provided (with excessive redactions) in the F10-8212 Appeal response, but are all MISSING from the F12-6967 Response.
    • …and many other missing printouts for AB Cases identifiable through careful analysis of these FOIA Response and FOIA Appeal Response packages: F10-8212, F10-8298, F11-0177, F11-2164, F11-2167, F11-2330, F11-8087, F11-8476, F12-1687 and F12-7033.
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2007-0001

Religion . . .
Terminal ATCSSubstantiatedLetter of Reprimand
Reported 10/2/06 — internal investigation — resolved 11/2/06
A.O.: John Clancy; HR-rep: redacted
A Front Line Manager (FLM) reported she was offended by a controller who had a henna tattoo on his arm with a series of numbers. The FLM is Jewish and interpreted the tattoo as a reference to Jews killed in Nazi death camps. The management inquiry found the tattoo offensive, and a Letter of Reprimand was issued to Respondent. [link] (see also F11-8087 Appeal Response)

2007-0005

Sexual Misconduct . . .
Center ATCSInvestigation failed
Reported 10/12/06 — internal investigation — resolved 10/17/06
A.O.: Steve Osterdahl; HR-rep: redacted
At an enroute enter, an unknown party defaced a phone booth with graffiti, including statements such as, “I hate redacted,” and “cunt,” in apparent reference to the female Acting Air Traffic Manager. A management inquiry failed to identify the unknown party. [link]

2007-0007

Race . . .
Terminal ATCSInvestigation failed
Reported 8/18/06 — internal investigation — resolved 11/15/06
A.O.: John Clancy; HR-rep: redacted
An ATCS reported that another ATCS (Respondent) had called him an ‘Uncle Tom’ and referred to him as ‘white wash’. The Acting Air Traffic Manager offered hearsay evidence that redaction heard he had been called ‘white wash’ a few months ago. The management inquiry could not substantiate the allegation. The reporting party admitted that he did not hear the comments nor could he provide specific dates or times when the comments were believed to have been said. [NOTE: there is no indication that any action was taken against the Reporting Party for filing an AB complaint, but later admitting he lacked any knowledge about the charges]. [link]

2007-0011

Sexual Orientation . . .
Center ATCSSubstantiatedWritten admonishment
Reported 10/21/06 — internal investigation — resolved 11/15/06
A.O.: Steve Osterdahl; HR-rep: redacted
A controller reported that, while at a Stage II class, another controller/student made inappropriate comments. There had been discussion with claims that a specific controller was openly gay and in an open relationship. Jokes from the movie, ‘Forty year old Virgin’ were reportedly told. A management inquiry substantiated the allegation, and a Letter of Admonishment was to be issued. [link]

2007-0012

Computer Pornography . . .
Safety InspectorInvestigation failed
Reported 10/12/06 — internal investigation — resolved 11/8/06
A.O.: Brad Pearson; HR-rep: redacted
A Safety Inspector reported to his supervisor that an unknown party sent an email with an embedded photo of a partially-clad lady. A management inquiry failed to identify the source of the inappropriate email. [link]

2007-0019

Race . . .
Unknown title/locationInvestigation failed
Reported 10/26/07– security investigation (ROI) — resolved 2/5/07
A.O.: redacted; HR-rep: redacted
Two agency posters were defaced, with the blackening of some teeth on photos of minority employees. A security investigation failed to identify a Respondent. Nearby surveillance cameras were redirected to capture future vandalism. [link]

2007-0033

Sexual Misconduct . . .
Terminal ATCS (2)Investigation failed
Reported 11/3/06 — internal investigation — resolved 11/22/06
A.O.: John Clancy; HR-rep: redacted
A female ATCS trainee was having difficulty plugging in her headset (NOTE: very common, because the jacks are generally out of view) when she made a statement, “I can’t get it into the hole.” A male controller then said, “Of course you can’t, I just shaved it.” Another controller responded to the inappropriate comment saying, “you f*cking animal” and then laughed. A management inquiry did not substantiate any allegations. Both respondents denied making the statements, and there were no other witnesses. [link]

2007-0034

Religion . . .
TechnicianInvestigation failed
Reported 11/6/06 — security investigation (ROI) — resolved 4/2/07
A.O.: Vianne Fowler; HR-rep: redacted
Two technicians reported that, while attending training at Oklahoma City (OKC) an instructor welcomed everyone to OKC and referred to OKC as “the Meccas of the FAA.” Another technician/student allegedly then ran to the front of the classroom and asked why the instructor was ‘slamming’ his religion. It was alleged that Muslim brochures were shared with the class, and he was saying that all religions except the Muslim faith were evil, and everyone should convert before it was too late. The two Reporting technicians further asserted that other students were afraid to speak up, and that they too were reluctant to come forward, because they were new hires. An ROI was produced by FAA Security. It could not substantiate any of the charges. The Respondent denied making any of the alleged statements. [NOTE: there is no indication that any action was taken against the two Reporting Parties for apparent slander and false allegations.] [link]

2007-0037

Disability . . .
Center ATCSInvestigation failed
Reported 11/3/06 — internal investigation — resolved 12/12/06
A.O.: Steve Osterdahl; HR-rep: redacted
An enroute center controller with a prosthetic limb requested ‘reasonable accommodation’ to wear special shoes and pants instead of complying with the new dress code imposed by management on all controllers. The request allegedly spurred harassment by peers who said he/she “pulls the gimp card” or “uses the handicapped card.” A management inquiry failed to identify any Respondents. Additionally, the Reporting Party refused to provide any specific details. [link]

2007-0048

Gender . . .
Center ATCSInvestigation failed
Reported 12/3/06 — internal investigation — resolved 1/19/07
A.O.: Steve Osterdahl; HR-rep: redacted
A female controller reported that a male controller had made inappropriate comments, allegedly saying, “We need more eye candy in the area. I checked upstairs already , not a looker in the bunch. We should be able to pick who gets assigned to the area.” The Reporting Party noted she was the only female in the area and felt the statement might be connected to her filing a verbal complaint with the Training Manager two months earlier. A management inquiry could not substantiate anything. Witnesses agreed that the phrase ‘eye candy’ might have been stated, but none could remember the context of its use. The Respondent was counseled, and advised that the phrase ‘eye candy’ was NOT appropriate at work. [link]

2007-0052

Sexual Misconduct . . .
ATSS SupervisorSubstantiatedDemotion & Re-Assignment
Reported 12/6/06 — internal investigation — resolved 4/10/07
A.O.: Ed Moy; HR-rep: redacted
An ATSS (Reporting Party) alleged that her Supervisor had disclosed to her that he was obsessed with her breasts. The ATSS then flashed her Supervisor. Reporting Party alleged that her Supervisor then isolated her from her peers, and constantly makes contact with her through flowers, letters, etc. The ATSS reported feeling threatened after receiving a letter which demonstrated that the Supervisor was “…going through some emotional issues.” Management directed the Supervisor to have no contact with the ATSS. Management collected the badge and keys, and placed the Supervisor on administrative leave. A management inquiry could not substantiate any ‘threat’, but did confirm the inappropriate behavior, including the flashing of the breasts. Management issued a Letter of Admonishment dated 3/29/07. Management sent a certified letter on 4/9/07, proposing to demote and reassign Respondent. [link]

2007-0062

Race . . .
Aviation Safety InspectorSubstantiated5-day suspension proposed
Reported 12/19/06 — internal investigation — resolved 1/12/07
A.O.: Douglas Dalbey; HR-rep: redacted
An Aviation Safety Inspector (ASI) reported that, while working in his cubicle, he overheard a loud phone conversation by a coworker. It is alleged that Respondent was using harsh and disparaging tones and words with an individual, believed to be an Examiner in Oklahoma City Airmen Records. He alleges that, at the end of the phone conversation, Respondent slammed down the phone and muttered the words “goddamn n*gger.” A management inquiry substantiated the allegation, and a 5-day suspension was proposed. [link]

2007-0070

Sexual Misconduct . . .
IFO employeeInvestigation failed
Reported 1/3/07 — internal investigation — resolved 1/4/07
A.O.: Douglas Dalbey; HR-rep: redacted
During a routine check on government phone bills, it was discovered that someone at the San Francisco IFO used a modem to dial a sexually explicit ‘900’ phone number. No Respondent could be identified. Security recommended that management block the ‘900’ numbers. [link]

2007-0072

Sexual Misconduct . . .
Center ATCSSubstantiatedVerbal counseling
Reported 12/22/06 — internal investigation — resolved 2/12/07
A.O.: Steve Osterdahl; HR-rep: redacted
A female enroute center controller reported that on two occasions she saw Respondent with what appeared to be a visible erection under his pants. She reported that on one occasion it appeared Respondent had his hand in his pocket. A management inquiry substantiated the charge with the testimony of a second witness. Respondent denied the allegations and stated he had no medical condition that might cause the alleged behavior. Respondent was counseled about appropriate behavior in the workplace. [link]

2007-0077

Race, Sexual Harrassment . . .
Computer SpecialistSubstantiated3-day suspension proposed
Reported 1/18/07 — internal investigation — resolved 3/12/07
A.O.: Ali Bahrami; HR-rep: redacted
A female computer specialist reported inappropriate behavior by a male computer specialist. She charged that Respondent had grabbed her arm, made sexual comments, tried to reestablish a past relationship, and made racial comments. She stated she feels she is being harassed and is not comfortable working with Respondent. A management inquiry substantiated the sexual comments portion of the allegation, but not the other elements. On 3/12/07, management issued Respondent a letter proposing a 3-day suspension. [link]

2007-0078

Sexual Misconduct . . .
Flight StandardsSubstantiatedVerbal counseling
Reported 10/15/06 — internal investigation — resolved 1/19/07
A.O.: Brad Pearson; HR-rep: redacted
A Boeing investigation substantiated that a male FAA employee had ‘kissed’ a Boeing employee while conducting business at Boeing. The Boeing investigation also concluded that the ‘kiss’ could be described as a European greeting or form of congratulations, and was not done in a sexual manner. An FAA management inquiry substantiated the Boeing investigation. Verbal counseling was provided. [link]

2007-0091

Hostile Work Environment (swastika) . . .
Terminal ATCS & NATCA repSubstantiated30-day suspension proposed
Reported 1/25/07 — security investigation (ROI) — resolved 4/20/07
A.O.: Teri Bristol; HR-rep: redacted
A management official (Reporting Party) reported that while reviewing the Read & Initial Binder, a swastika and several inappropriate comments were found added to the cover sheet. It was also reported that, during a crew briefing, Respondent (who was also a NATCA facility representative) allegedly referred to an Operations Manager as redacted, using the word ‘Hitler’. A Security Investigation produced an ROI, and substantiated that Respondent had added inappropriate comments to the R&I cover sheet, and that Respondent had made the ‘Hitler’ reference. The ROI did NOT conclude who drew the swastika. Management proposed to issue a 30-day suspension. [link] (see also F11-2167 Response, p.9-10; and F12-7034 Response, p.2)

2007-0093

Sexual Misconduct . . .
Security employeeSubstantiatedLetter of Reprimand
Reported 1/24/07 — internal investigation — resolved 4/2/07
A.O.: Claudio Manno; HR-rep: Gwen Marshall
A Manager reported that a Security (ASH) employee sent a sexually inappropriate email to three other employees. A management inquiry substantiated the allegation, and the Respondent accidentally sent the email to the wrong recipients (it had been intended for his wife and a friend). Management proposed a Letter of Reprimand. [link]

2007-0101

Sexual Misconduct . . .
Program AnalystSubstantiatedVerbal counseling
Reported 2/8/07 — internal investigation — resolved 2/9/07
A.O.: Kirk Shaffer (at ARP); HR-rep: redacted
A Program Analyst reported that Respondent told an inappropriate joke while riding the elevator. The joke was: “What do you call raggedy ann, laying face down in the mud, with a rock in her mouth? … A dirty cotton rock sucker.” When management interviewed her, Respondent admitted telling the inappropriate joke and advised she had immediately apologized at the time she told the joke. She was verbally counseled. [link]

2007-0108

Computer Pornography . . .
Salt Lake SMO employeesSubstantiatedVerbal counseling
Reported 2/23/07 — security investigation (ROI) — resolved 4/13/07
A.O.: Ed Moy; HR-rep: redacted
Three ISSO government computers contaminated with the Trojan-Zonebac virus were shipped to CSIRC for analysis. The analysis revealed all three laptops had pornographic images. Two of the laptops had been assigned to ATO-W, WSA employees, while the third had been assigned to an ATO-W, ESA employee. Security Investigations were done on each of the two ATO-W, WSA employees. The two ROI’s revealed no pornographic sites were viewed. However, one ROI revealed that one of the employees had accessed websites that appeared to be unrelated to work. [link]

2007-0114

Computer Pornography . . .
Flight Standards employeeSubstantiated5-day suspension proposed
Reported 2/27/07 — security investigation (ROI) — resolved 5/24/07
A.O.: Douglas Dalbey; HR-rep: redacted
During a security investigation, Respondent’s government laptop computer was confiscated and forensically examined. The examination revealed inappropriate photographs and video clips. A management inquiry substantiated the examination and management proposed a 5-day suspension. [link]

2007-0115

Computer Pornography, Sexual Misconduct . . .
Center ATCSInvestigation failed
Reported 2/28/07 — internal investigation — resolved 3/30/07
A.O.: Steve Osterdahl; HR-rep: redacted
A controller at Seattle enroute center alleged that another coworker had engaged in inappropriate conduct. Included was a charge that “…redacted said in a loud voice that a coworker either ‘got a hard-on over something’ or used a similar term that implied the same physical manifestation.” That, Respondent “…habitually refers to the redacted penis in condescending or disdainful verbiage….” That, Respondent “…repeated several times a story about her husband’s claim that his penis weighs more than 10 pounds.” That, while serving as an acting supervisor, Respondent was seen “…using the computer at the supervisor’s desk last year to obtain penis enlargement information….” A management inquiry could not substantiate any of the allegations. Respondent denied using the term ‘hard-on’, but admitted using the term ‘chub’ or ‘chubby’, which she claimed refers to a fish. Management chose to issue a written advisory to all employees. [link]

2007-0121

Gender . . .
Contract employeeInvestigation failed

Reported 3/2/07 — internal investigation — resolved 4/13/07
A.O.: John Smith; HR-rep: redacted
An air traffic controller reports being told that a contract WCG training employee (Respondent) had spread rumors. It was alleged that redacted said, “Do you know where that f*cking b*tch (redacted, who is married) is right now”“she is out cheating with that f*cking A*sshole (redacted) right now.” A management inquiry found one witness who supported Respondent’s version, and another witness who confirmed the inappropriate language had been used. So, management concluded that they could not substantiate the allegation. The contractor (Lockheed Martin) was planning a strongly worded letter to Respondent. [link]

2007-0134

Sexual Misconduct . . .
Aerospace Medicine employeeSubstantiatedWritten reprimand
Reported 3/23/07 — internal investigation — resolved 4/6/07
A.O.: redacted; HR-rep: redacted
Several anonymous parties contacted the FAA Administrator’s Hotline to report a sexual misconduct. At a seminar for Aviation Medical Examiners on 3/18/07, while a female employee was giving a briefing, Respondent allegedly “…stood up at the front of the room while a female employee was giving a briefing and said she could be reached at her phone number which was written on the inside stall of the men’s bathroom.” A management inquiry substantiated the allegation, and Respondent was issued a written reprimand. [link]

2007-0142

Race . . .
Contract employeeSubstantiatedno longer works for Contractor
Reported 3/30/07 — internal investigation — resolved 3/30/07
A.O.: James Travers (at ARC); HR-rep: redacted
An AWP contract employee Project Manager (Respondent) was charged with inappropriate language, include the Spanish term ‘mayate’, in reference to a black contract security guard. The manager of the contractor apologized for the conduct and advised that the Respondent is no longer employed by the contractor. [link]

2007-0147

Sexual Orientation . . .
Center Supervisors (2)SubstantiatedWritten admonishment
Reported 4/3/07 — internal investigation — resolved 5/14/07
A.O.: Steve Osterdahl; HR-rep: redacted
It was reported that two Supervisors at an enroute control center made inappropriate remarks. A controller was seen walking with a limp, at which point one Supervisor allegedly said, redacted knees were worn out from years of loyal service to FAA,” and the other supervisor added, “…redacted has spent too much time on his knees working diligently for his promotion.” It was further alleged that later that day, he informed the Area Manager that he was offended by the comments because, “…it is the suggestion that giving a superior a blowjob to advance your career was the set practice around here.” A management inquiry substantiated the allegation that the Supervisors had made the comments. Each was issued a Written Admonishment. [link]

2007-0149

Race . . .
Palm Springs SSC employeeInvestigation failed
Reported 3/27/07 — security investigation (ROI) — resolved 6/6/07
A.O.: Ed Moy; HR-rep: redacted
A Maintenance Technician at the Palm Springs SSC reported that someone had made what appeared to be a hangman’s noose out of RF cable and placed it around a “No Fear Act” memo posted on the wall. The Reporting Party interpreted this as, “If you file a racial complaint, you hang yourself.” Photos of the evidence were provided to management. A Security investigation was conducted, producing an ROI. The management inquiry failed to identify a Respondent. [link]

2007-0152

Gender, Sexual Misconduct . . .
Center ATCSSubstantiated3-day suspension proposed
Reported 4/11/07 — internal investigation — resolved 5/4/07
A.O.: Steve Osterdahl; HR-rep: redacted
A contract custodian was cleaning the cafeteria at 8:00PM when a CPC controller (Respondent) entered the area looking for his tupperware container. He was told it might be in the garbage, so Respondent began rummaging through the trash and repeatedly shouted at redacted and redacted, using the words, “bitch, fuck and motherfucker.” A management inquiry substantiated the allegation and management issued a letter, proposing a 3-day suspension. [link]

2007-0179

Race . . .
Unknown title/locationInvestigation failed
Reported 5/18/07 — internal investigation — resolved 6/25/07
A.O.: Douglas Dalbey; HR-rep: redacted
Reporting Party alleged numerous disparate treatments by Respondent. That Respondent said to him, “Why can’t you be like the other Asians over in Singapore … more compliant like they are.” That Respondent saw cigarettes in the desk and removed/destroyed them. And, that Respondent asked Reporting Party to move his desk and take down his pictures. A management inquiry located no witnesses and no evidence, so the case was dropped. [link]

2007-0182

Race, Sexual Orientation . . .
Center ATCSInvestigation failed
Reported 5/2/07 — internal investigation — resolved 6/25/07
A.O.: Steve Osterdahl; HR-rep: redacted
A CPC at an enroute control center reported allegations that a CPC NATCA representative (Responding Party) had made numerous inappropriate remarks. Included was that Respondent had referred to a black controller in a racially derogatory manner by saying, “I got an redacted bro’ to do it. I got Washington to do it.” Also, that Respondent had referred to a gay female as a ‘carpet muncher’ and to a gay male as ‘fag boy’ and ‘FB’. And, that Respondent had demanded cases of beer from redacted student air traffic controllers. A management inquiry included interviews of seven potential witnesses, but produced no substantiation. Reporting Party could not provide any evidence or specific dates/times/places for any of the allegations. Management also noted that the ‘demanding cases of beer’ story reflected an actual incident from years earlier, that had already been addressed. [NOTE: There is no indication that Reporting Party was subjected to any disciplinary action for potentially submitting slanderous false charges.] [link]

2007-0184

Computer Pornography . . .
EngineerSubstantiated21-day suspension proposed
Reported 5/30/07 — internal investigation — resolved 7/13/07
A.O.: redacted; HR-rep: redacted
An engineer (Reporting Party) alleged seeing another engineer (Respondent) at his FAA workstation viewing an inappropriate video “that displayed a naked male and a naked female using a banana for something sexual.” A management inquiry substantiated the initial allegation, and Respondent admitted the actions. Management also conducted a forensic analysis of Respondent’s computer which revealed he had accessed a second inappropriate video. Respondent signed a statement saying he had never viewed the second video. When shown a copy and told about the forensic analysis, Respondent again denied viewing the second video. Management planned to give Respondent a letter proposing a 21-day suspension for making false statements in connection with an official inquiry and for his inappropriate viewing of the videos at his workplace. [link]

2007-0194

Sexual Misconduct . . .
Cafeteria contractorInvestigation failed
Reported 6/7/07 — internal investigation — resolved 6/19/07
A.O.: Ed Moy; HR-rep: redacted
A female WCG contractor reported that a male food services contractor (Respondent) made sexually inappropriate comments. It was alleged that Respondent told the Reporting Party to move out of the way, she replied, and he then said, “I am trying to get out of here and if you don’t get out of my way, I am going to ram this up in you.” He allegedly made thrust-like gestures. A management investigation failed to substantiate the allegations. [link]

2007-0201

Sexual Harassment, Management Failure to Report . . .
Contract instructorInvestigation failed
Reported 6/9/07 — internal investigation — resolved 6/25/07
A.O.: Teri Bristol; HR-rep: redacted
A Terminal controller reported that a male Terminal ATCS had been sexually harrassed by a WCG contract instructor (Respondent). The incident had been bought to the attention of the controller’s FAA supervisor, as well the WCG management; all failed to report it to the Accountability Board. Then, two weeks later, it was finally reported. The employee was made to feel uncomfortable when the instructor put his hands on the controller’s shoulders, slid a hand down the back, hugged, touched and blew a kiss. A management inquiry could not substantiate the allegations. Respondent resigned effective 6/26/07. [link]

2007-0202

Disability . . .
AVS Supervisor Investigation failed
Reported 6/21/07 — security investigation (ROI) — resolved 1/24/08
A.O.: Douglas Dalbey; HR-rep: redacted
An Aviation Safety Inspector (ASI) alleged that a business-related voicemail message captured background discussion in which Respondent (a Supervisor) made inappropriate remarks. It is alleged that Respondent was discussing the health status of an employee and making disparaging comments related to a disability. Accountability Board agreed to refer this case for a formal security investigation, but requested further details from the Reporting Party. No further details were provided, so the case was closed. [link]

2007-0204

Sexual Misconduct . . .
IT contractorSubstantiatednotified contractor
Reported 6/26/07 — internal investigation — resolved 10/9/07
A.O.: Dennis Filler; HR-rep: redacted
A male IT contractor reported that another contractor, a male driver doing Dell computer deliveries, made an inappropriate comment. The driver allegedly asked to feel the leg of the IT contractor. The FAA contracting officer for the Dell contract notified Dell that the specific driver would not be allowed access to any FAA facilities. [link]

2007-0205

Computer Pornogaphy . . .
WCG Instructor (contractor)no action taken (employee resigned)
Reported 6/16/07 — internal investigation — resolved 6/26/07
A.O.: Teri Bristol; HR-rep: redacted
An FAA Supervisor reported that female WCG instructors alleged that a male WCG instructor (Respondent) was observed viewing pornography on a WCG computer. Security conducted a forensic exam and cleaned the computer. Respondent resigned, effective ten days after the AB Case was reported. [link]

2007-0207

Sexual Misconduct . . .
Engineering Services employees (2)SubstantiatedWritten admonishments
Reported 6/28/07 — internal investigation — resolved 8/3/07
A.O.: Ed Moy; HR-rep: redacted
An employee at FAA’s Southwest Region reported receiving inappropriate email content from two Northwest Mountain Region employees. The email contained twelve JPEG attachments, one of which was related to sexual orientation. Five attachments contained inappropriate language, and one attachment of an unclothed infant in a sitting position touching his penis. A management inquiry substantiated he allegation. Security examined the photo of the naked infant and determined that it did not constitute child pornography. Both Respondents were to be issued a Written Admonishment. [link]

2007-0218

Gender . . .
Unknown title/locationInvestigation Failed
Reported 7/17/07 — internal investigation — resolved 11/14/07
A.O.: Douglas Dalbey; HR-rep: redacted
An AVS employee reported that a co-worker created a hostile work environment. A supervisor had informed them of a temporary work assignment. Respondent made some comments, then went back to her work cubicle and began to play rap music loudly. She reportedly yelled loudly along with the song, when the phrase “F the B-tch” came up in the lyrics. It was reported that two witnesses stopped by the desk to say the music was too loud. However, a management inquiry was inconclusive. The one ‘witness’ could only confirm they heard mumbling and loud music coming from Respondent’s work cubicle. Management abandoned the investigation due to lack of evidence. [link]

2007-0219

Gender . . .
Manager, IT Support AreaRelated to an EEO caseNo action indicated
Reported 7/18/07 — internal investigation — resolved 10/1/07
A.O.: Dennis Filler; HR-rep: redacted
A letter from an anonymous citizen charged that the male Manager, Pacific Southwest IT Support Area, discriminated against his female employees. A management inquiry could not substantiate the allegations, but it did determine that some of the claims were ‘intertwined’ with a related FAA/EEO investigation. Management decided to await the EEO investigation results before taking any further actions. [link]

2007-0222

Sexual Misconduct . . .
Aviation Safety AssistantPartially substantiatedNo action taken
Reported 7/19/07 — internal investigation — resolved 11/14/07
A.O.: Douglas Dalbey; HR-rep: redacted
An Aviation Safety Assistant reportedly made inappropriate comments, using the words ‘as-hole’, and ‘f-ck-ing bas-tard’, while telling stories about her ex-husband and a previous manager. During a management inquiry, Respondent confirmed she had use the term ‘heinous bastard’, but denied the phrases charged by the Reporting Party. No further action was taken. [link]

2007-0229

Race . . .
Terminal ATCS (2)SubstantiatedVerbal reprimand
Reported 8/1/07 — internal investigation — resolved 8/22/07
A.O.: Teri Bristol; HR-rep: redacted
A developmental controller reported he was told by his instructor (a Respondent) that another controller made an inappropriate comment. One of the two Respondents allegedly suggested the training report should include the comment, “Not bad for a wigger.” The AB Case summary noted that Reporting Party was a white male, in a co-habitative relationship with a black woman, and father of a bi-racial daughter. Both Respondents admitted use of the term ‘wigger’ and offered apologies. Both were verbally reprimanded. [link]

2007-0233

Sexual Misconduct . . .
Front Line ManagerNot substantiatedNo action taken
Reported 8/2/07 — internal investigation — resolved 11/14/07
A.O.: Douglas Dalbey; HR-rep: redacted
An Aviation Safety Assistant reported that her Front Line Manager (FLM, Respondent) had invaded her personal space on two occasions. She charged that, while she was seated, Respondent stood with the lower half of his body close to her face. She also charged that Respondent inappropriately winks at female employees. A management inquiry produced a denial by the FLM, who claimed he was simply delivering information to his employee. The ‘winking’ was identified as a non-sexual ‘eye tick’ medical condition. [link]

2007-0237

Sexual Orientation . . .
unknownInvestigation failed
Reported 8/6/07 — security investigation (ROI) — resolved 9/21/07
A.O.: redacted; HR-rep: redacted
An Engineer reported that an unknown party or parties took actions considered to be harassment based on sexual orientation. The actions included removing a framed photograph of a gay couple from redacted cubicle, removal of a printed copy of a June 2004 proclamation by DoT Secretary Mineta related to Gay Pride Month, and movement of a personal book about ‘Gay Parental Adoption’ from a file cabinet to placement at the center of a desk. The reporting party and his partner are adoptive parents. [link]

2007-0243

Reprisal . . .
Center ATCSInvestigation failed
Reported 7/6/07 — security investigation (ROI) — resolved 10/11/07
A.O.: Steve Osterdahl; HR-rep: NAME
A Center controller reported that she was continuing to experience retaliation for her previous filing of an Accountability Board complaint. She noted that her advertisement posted on a bulletin board was the only one defaced. A security investigation failed to identify any witnesses, and could not substantiate the charges. [link]

2007-0248

Sexual Misconduct . . .
Aviation Safety AssistantInvestigation failed
Reported 7/18/07 — internal investigation — resolved 11/14/07
A.O.: Douglas Dalbey; HR-rep: redacted
A FSDO Supervisor reported that an Aviation Safety Assistant made a sexually inappropriate comment. The Supervisor was heading toward the men’s bathroom at the same time that another employee was heading to the women’s bathroom. Respondent allegedly made a comment about the Supervisor going into the women’s bathroom to help the female employee. A management inquiry produced a denial by Respondent, and the female coworker had no recollection of the incident. [link]

2007-0249

Sexual Misconduct . . .
Center Air Traffic AssistantSubstantiated14-day suspension proposed
Reported 8/14/07 — internal investigation — resolved 9/17/07
A.O.: Steve Osterdahl; HR-rep: redacted
The acting Administrative Officer at a Center was walking down the stairs with a Management and Program Analyst. She reported that a male Air Traffic Assistant walking by slapped (redacted name) on the buttocks with a rolled up newspaper. A management inquiry substantiated the charge, and a 14-day suspension was proposed. [link]

2007-0251

Race, Management Failure to Report . . .
TechnicianSubstantiatedVerbal counseling
Reported 2/15/07 — internal investigation — resolved 9/26/07
A.O.: Ed Moy; HR-rep: redacted
A Maintenance Mechanic reported that, while on a job at Juneau six months earlier, another employee had referred to black electrical tape saying, “we call it N*gg*r tape.”It was also alleged that the incident had been reported in February, but apparently no action had been taken. No record was found in the Accountability Board case database. A management inquiry substantiated the initial incident as well as the failure to file the case with the Accountability Board. Respondent was issued a verbal reprimand. The manager who failed to report to AB was directed to complete relevant electronic training. [link]

2007-0264

Sexual Misconduct . . .
Contract employeeSubstantiatedRemoval proposed
Reported 8/22/07 — internal investigation — resolved 9/10/07
A.O.: Ed Moy; HR-rep: redacted
A female WCG contract employee reported that a male contract employee frequently harasses her with personal questions and comments, sometimes while looking up and down her body. The contractor was notified, but was unable to confirm a sexual harassment. However, the contractor did conclude that Respondent’s behavior was inappropriate, and he no longer works for the contractor. [link]

2007-0266

Sexual Misconduct . . .
ManagerSubstantiatedLetter of Reprimand
Reported 9/12/07 — internal investigation — resolved 11/9/07
A.O.: Michael Cirillo; HR-rep: Carla Smocks
A female Acting Manager (Respondent) took a photograph with her cellphone, showing the exposed upper buttock and thong of a female secretary. The secretary asked for an explanation, and the Acting Manager advised that the photograph depicted what everyone had to see when she dressed as she did. The secretary yelled, “I will get redacted back for taking the picture.” A management inquiry substantiated the allegation, and a Letter of Reprimand was proposed. Respondent appealed and management concluded the inappropriate actions did NOT constitute a sexual misconduct, but DID constitute inappropriate behavior by a manager. A Letter of Reprimand was sustained. [link]

2007-0267

Sexual Misconduct . . .
Aviation Safety employees (2)Partially substantiatedProposed 5-day & 10-day suspensions
Reported 8/29/07 — internal investigation — resolved 11/14/07
A.O.: Douglas Dalbey; HR-rep: redacted
A Special Investigator reported details obtained while interviewing a female Aviation Safety Assistant. The details indicated inappropriate sexual misconducts by two coworkers. In one incident, a female Aviation Safety Assistant (Respondent #1) allegedly made an inappropriate comment while rubbing her cellphone on her blouse, near her crotch area. In another incident, a female allegedly said, “F-ck You” to a male Aviation Safety Inspector (Respondent #2), who allegedly replied with, “Well girl, if I did you’d love it so much you’d never go back….” A management inquiry failed to substantiate the cellphone incident; however, during the inquiry, both respondents did confirm their frequent use of inappropriate sexual comments. Management proposed 5-day and 10-day suspensions for the Respondents, based on other comments that were not part of the AB Case. [link]

2007-0275

Religion . . .
Traffic Management CoordinatorSubstantiated5-day suspension proposed
Reported 9/11/07 — internal investigation — resolved 10/9/07
A.O.: Douglas Molin; HR-rep: redacted
A Traffic Management Coordinator (TMC) reported an inappropriate email sent by another TMC. The email stated: “…you were not present during those (divorce) negotiations so who the f–k do you think you are for sticking your fat a– in our business … I also apologize for texting you to go f–k yourself, I’ll tell you in person next time … Do not email me again, you do and I swear I’ll kick your f-cking a–“ and “…don’t know why I tried to reason with a sorry sh-t like you anyway … I like you about as much as the rest of the f-cking Mormons in this cesspool religion.” The management inquiry substantiated the allegation. Management planned to issue Respondent a letter proposing a 5-day suspension, for the allegation as well as for misuse of a government computer. [link]

2007-0282

Sexual Misconduct . . .
Computer SpecialistSubstantiatedLetter of Reprimand
Reported 9/20/07 — security investigation (ROI) — resolved 12/17/07
A.O.: Ed Moy; HR-rep: redacted
A Computer Specialist reported finding photos of women naked from the waist up in a shared printer tray. Early the next day, a co-worker, redaction, called redaction and asked him to remove some pages he had printed on the local printer that he had forgotten to remove. An ROI was produced. It revealed that the documents left in the tray belonged to the Respondent. A Letter of Reprimand was to be issued. [link]

2007-0297

Gender, Sexual Misconduct . . .
AVS ManagerSubstantiatedVerbal counseling
Reported 8/10/07 — internal investigation — resolved 11/14/07
A.O.: Douglas Dalbey; HR-rep: redacted
A Manager (Respondent) allegedly made comments disrespectful to women, while discussing the revealing attire worn by an Administrative Officer. Concerns were discussed about tight pants and a tank top that partially exposed her chest. The discussion led to a comment by the Manager, roughly, “Don’t get mad at me when she comes to work all covered up.” Respondent admitted the inappropriate comment. He was verbally counseled. [link]

2008-0006

Sexual Misconduct . . .
Terminal ATCSSubstantiatedProposed 5-day suspension
Reported 10/11/07 — internal investigation — resolved 10/26/07
A.O.: Teri Bristol; HR-rep: redacted
A male tower controller (Respondent) allegedly made a sexually inappropriate comment in the tower cab. A female coworker came back into the tower cab after a 45-minute performance review, and Respondent allegedly said, “My performance review took only 15 minutes. What did you do, suck him off?” A management inquiry substantiated the charge. Respondent was to receive a 5-day suspension. [link] (see also F11-2167 Response, p.12; and, F11-2330 Appeal Response, p.9)

2008-0008

Sexual Misconduct . . .
Terminal ATCS traineeSubstantiatedLetter of reprimand
Reported 10/12/07 — internal investigation — resolved 11/9/07
A.O.: Teri Bristol; HR-rep: redacted
A female WCG contract instructor banged her rear end on a door frame while entering a classroom, and reacted by saying that her butt was sore. She alleged that an employee sitting in the classroom then commented roughly, “Better tell your husband not to stick his penis in your butt.” In a management inquiry, ten employees were interviewed. The alleged comment was NOT substantiated. However, in the course of the investigation, two other inappropriate comments were substantiated. First, that Respondent had said, “I’m glad my wife has a flat head, so when she is giving me a blow job, I have a place to put my beer.” And, second, a comment in a discussion about dyed hair, in which he said, “So, the color of the drapes don’t match the carpet?” Management initially proposed a 1-day suspension, but six months later reduced that to a Letter of Reprimand. [Note: due to excessive FOIA redactions, there is some confusion as to what inappropriate comments were made by a WCG employee vs. those made by the ATC developmental.] [link] (see also F11-2167 Response, p.13-14; and, F11-2330 Appeal Response, p.10-11)

2008-0022

National Origin . . .
Title redactedSubstantiatedProposed 2-day suspension
Reported 10/23/07 — internal investigation — resolved 11/08/07
A.O.: Mark Reeves; HR-rep: redacted
Two ANM employees (a Management & Program Analyst, and a Lead Inspector) reported that Respondent had made numerous comments about the need for FAA to hire employees who speak English. A management inquiry substantiated the series of comments, and a 2-day suspension was proposed. [link] (see also F11-2330 Appeal Response, p.14)

2008-0024

Race . . .
unknownInvestigation failed
Reported 10/31/07 — security investigation (ROI) — resolved 2/4/08
A.O.: Ed Moy; HR-rep: redacted
A member of the National Black Coalition of Federal Aviation Employees (NBCFAE) reported that an NBCFAE poster was missing. It had been seen in the NATCA office in the Seattle Consolidated Office Building. It was found defaced and crumpled; the word ‘Black’ was crossed out and the words ‘No Whitey’ were added. A formal security investigation failed to identify any Respondents, so the case was closed. [link]

2008-0027

Computer Pornography . . .
Unknown (redacted)SubstantiatedLetter of admonishment
Reported 11/6/07 — internal investigation — resolved 3/3/08
A.O.: Douglas Dalbey; HR-rep: redacted
An AVS employee reported finding a male VS employee (Respondent) watching a video clip of a bare breasted woman on his computer. He approached respondent, said “this is not cool,” and made eye contact before the video image was made to disappear. A management inquiry substantiated the allegation, and a Letter of Admonishment was issued. [link]

2008-0034

Computer Pornography. . .
Aviation medical specialistSubstantiatedProposed 14-day suspension
Reported 11/15/07 — security investigation (ROI) — resolved 2/29/08
A.O.: Fred Tilton; HR-rep: redacted
Management received an automated notification that a virus was on a computer assigned to an aviation medical specialist. When management did a preliminary analysis of the hard drive, they found a large number of sexually inappropriate websites had been accessed. A forensic analysis and an ROI was done by the Security office. Management issued a letter proposing a 14-day suspension. [link]

2008-0035

National Origin . . .
Title unknown (redacted)SubstantiatedLetter of Reprimand
Reported 11/15/07 — internal investigation — resolved 12/14/07
A.O.: Brad Pearson; HR-rep: redacted
A Manager reported that an employee had sent an email to nine FAA coworkers, and the email contained an inappropriate joke regarding Mexicans The joke reads as follows (with two redacted names reconstructed): Names redacted are panhandlers. They panhandle in different areas of town. Name1 panhandles just as long as Name2 but only collects $2-3 dollars everyday — Name2 brings home a suitcase full of $10 bills everyday. Name1 says to Name2, ‘I work just as long and hard as you, but you bring home a suitcase full of $10 bills everyday.’ Name2 says, ‘Look at your sign, what does it say?’ Name1‘s sign reads, ‘I have no job, a wife, and 6 kids to support.’ Name2 says, ‘No wonder you get only $2-3 dollars every day.’ Name1 says, ‘What does your sign say?’ Name2 shows Name1 his sign … it reads, ‘I only need another $10.00 to move back to Mexico.’ The management inquiry substantiated the allegation. The Respondent was candid and expressed remorse. Management was to issue a Letter of Reprimand, and counsel all email recipients about potential Accountability Board violations. [link]

2008-0036

Management Failure to Report, Age . . .
AVS Manager & employee (2)SubstantiatedVerbal counseling
Reported 11/16/07 — internal investigation — resolved 11/19/07
A.O.: Brad Pearson; HR-rep: Karolyn Grimes
Karolyn Grimes (ANM AB POC) reported to the Accountability Board that she had learned that, on or about 10/2/07, a manager had disciplined an employee who had used FAA email to distribute an inappropriate age-related joke entitled, ‘Drafting Guys Over 60’. Ms. Grimes also advised that there had been a failure to elevate the matter, with no report filed to the Accountability Board. A management inquiry substantiated all charges. The employee was counseled to not send inappropriate jokes via FAA email. The manager who had disciplined but failed to report to AB was counseled about the requirement to make AB reports. [link]

2008-0037

Sexual Harrassment . . .
TITLESubstantiatedVerbal counseling
Reported 11/16/07 — internal investigation — resolved 12/27/07
A.O.: Dennis Roberts (at ARC); HR-rep: redacted
Three female contract employees reported that phone calls by a male contract employee made them feel uncomfortable, and that he had asked one of them to have lunch with him. The contracting firm was notified and conducted an inquiry. Respondent denied all charges. Respondent was counseled to avoid such conduct in the future, and FAA warned the contracting firm that additional complaints would require FAA to remove Respondent from the FAA work site. [link]

2008-0048

Sexual Misconduct . . .
unknown title (redacted)SubstantiatedLetter of warning
Reported 12/5/07 — internal investigation — resolved 1/16/08
A.O.: Ed Moy; HR-rep: redacted
A female air traffic controller reported inappropriate sexual conversations made by another employee, while she was working traffic in the tower cab. The work title is redacted, but it appears that Respondent was a technician doing work in the tower cab. He allegedly discussed his experiences with prostitutes while in the Navy, during shore leave to Bangkok. He allegedly commented that the prostitutes would “readily reveal themselves to prospective customers so they would know what they were getting.” Respondent also allegedly used the word ‘shim’ and mentioned that some prostitutes were transgender. A management inquiry produced an admission by Respondent, and also concluded the discussion was not graphic, that the comments flowed from a general conversation about places visited by Respondent. A Letter of Warning was to be issued. [link]

2008-0050

Race . . .
TechnicianSubstantiatedProposed 1-day suspension
Reported 12/12/07 — internal investigation — resolved 1/2/08
A.O.: Ed Moy; HR-rep: redacted
A technician reported that Respondent (another technician) allegedly said: “The only good Ni**er is a dead Ni**er.” A second allegation was that Respondent continually and consistently uses the ‘N’ word and makes derogatory remarks about African-Americans. A third allegation was that Respondent had recently made a variety of threats, intimidating remarks and insults. The management inquiry substantiated that Respondent had used the ‘N’ word, but did not substantiate that any threatening comments had been made. Management planned to issue a letter on 1/4/08, proposing a 1-day suspension. [link]

2008-0053

Sexual Orientation . . .
Terminal ATCSSubstantiatedLetter of reprimand
Reported 12/14/07 — internal investigation — resolved 1/10/08
A.O.: Teri Bristol; HR-rep: redacted
During a crew briefing, a manager made the comment, “are we straight with that?” An unidentified controller commented, “Straight? Oh yeah, I’m straight.” The comment was found to be offensive. A management inquiry identified the controller, and he was issued a Letter of Reprimand. The Accountability Board summary noted that Respondent had also received a Letter of Reprimand on 5/12/06, for an earlier substantiated AB offense. [link] (see also F11-2167 Response, p.18; and, F11-2330 Appeal Response, p.17-18)

2008-0057

Religion . . .
Title unknown (redacted)SubstantiatedVerbal counseling
Reported 12/15/07 — internal investigation — resolved 12/20/07
A.O.: Steve Osterdahl; HR-rep: redacted
A controller at an enroute center reported receiving an email sent by a female coworker (Respondent) using the FAA email system. The email had an attachment in which the Australian Prime Minister made remarks that were disparaging of Muslims in Australia, and declaring that they should either abide by Australian law or leave. A comment added by Respondent stated: “Wouldn’t it be great if an American had the same backbone.” A management inquiry produced an admission that the email had been sent. The respondent expressed remorse and was counseled. [link]

2008-0063

Sexual Misconduct, Sexual Orientation . . .
unknown respondentInvestigation failed
Reported 12/18/07 — internal investigation — resolved 1/7/08
A.O.: Barry Davis (acting); HR-rep: redacted
It was reported that an unknown party (or parties) left a printed 2-page document next to the Briefing Book on the front desk of an ANM Terminal Administrative Office, at a redacted facility. A copy of the same document was posted in the tower cab at redacted facility. The document was entitled, “Sex, Lies and … Well, Just More Lies,” and it contained sexually inappropriate comments about numerous FAA managers. A management inquiry failed to identify any person responsible for posting either copy at the facility. Management broadly counseled facility staff members that the posting of similar materials is inappropriate. [NOTE: there may have been a coordinated effort by NATCA to tarnish and goad WSA-ATO managers. This AB Case is simultaneous with a similar case at PHX, where a John Carr blog critical of supervisor Gilding was left on Respondent’s desk and on the tower cab podium. (see F11-2167 response at pg.19) In fact, that PHX posting led to the Gilding v. Carr lawsuit, which dragged on for years.] [link] (see also F12-7034 Response, p.3)

2008-0068

Sexual Misconduct . . .
Terminal ATCSSubstantiatedVerbal counseling
Reported 1/4/08 — internal investigation — resolved 1/9/08
A.O.: Barry Davis (acting); HR-rep: redacted
A female CPC controller reported that Respondent (a male CPC controller) made inappropriate comments at the facility. He allegedly said: “Boy, redacted, you and redacted sure seem to be spending a lot of time together lately,” and later said, redacted, you and redacted seem to be joined at the hip.” Respondent admitted the comments during the management inquiry, and apologized. The case was closed after verbal counseling was done. [link]

2008-0069

Disability . . .
ASH ManagerSubstantiatedProposed 14-day suspension
Reported 11/5/07 — internal investigation — resolved 1/17/08
A.O.: redacted; HR-rep: redacted
An employee reported that a manager at AWP Security (ASH, Respondent) created a hostile work environment with verbal attacks regarding a disability. One charge was that on 9/18/07, while walking, Respondent was heard to say, “Run, Forrest, Run.” Reporting Party has Multiple Sclerosis, and believed Respondent was making fun of his disability. A management inquiry produced no admissions, and a general lack of candor by the manager. He could not remember making the specific comment but said it is something he might have said. He considered it a non-event, but also admitted that he jokes and tends to use movie references. The allegations were found to be credible, and a 14-day suspension was proposed. [link]

2008-0073

Sexual Orientation . . .
ATO-W ManagerSubstantiatedVerbal counseling
Reported 1/9/08 — internal investigation — resolved 1/24/08
A.O.: Ed Moy; HR-rep: redacted
A Manager (Respondent) allegedly made inappropriate comments about gays. He allegedly said he feels it; is “disgusting” that they are allowed to serve in the military, “…especially when having to shower with them.” He allegedly said, “I find it appalling that the military has allowed this to happen, and I am glad that I am not serving. I’ll be damned that I shower knowing that they could be looking at me.” A management inquiry found the comments to be insensitive and unwarranted, but concluded they warranted only verbal counseling. [link]

2008-0097

Race, Sexual Misconduct . . .
AF TechnicianSubstantiatedProposed removal
Reported 1/28/08 — security investigation (ROI) — resolved 5/8/08
A.O.: Ed Moy; HR-rep: redacted
Two reports were made alleging inappropriate behavior by a technician. In the first report, the DoT-IG referred an allegation they had received from (name, title, location all redacted). In that allegation, it was charged that Respondent had been seen placing his penis in the drink of a specified coworker, while that coworker was temporarily away from their workspace. A second report, filed directly to AB, alleged that Respondent had been seen “putting a white hood on his head at work and coming into the office asking where all the N*****S were.” In an initial management inquiry, Respondent denied the allegations, but two witnesses declared they saw the hood and heard the allege N-word usage. The penis-dipping incident could not be substantiated. Management then proposed a 14-day suspension. One week later, management formally requested a Report of Investigation (ROI). The ROI produced an admission about the hood/N-word incident. It also produced an admission by Respondent that he might have said, “I would like to stick my penis in a drink.” Importantly, the ROI revealed that Respondent had provided false information during the first official administrative investigation. Based on this, a decision was made to draft a letter proposing to fire Respondent. Respondent ended up resigning effective 5/20/08, prior to management issuing the Removal Proposal Letter. [link]

2008-0107

Sexual Harrassment . . .
AVS employee (title redacted)SubstantiatedLetter of Admonishment
Reported 2/7/08 — internal investigation — resolved 3/18/08
A.O.: Brad Pearson; HR-rep: Karolyn Grimes
A female Flight Standards employee reported a series of inappropriate behaviors by a male coworker. He allegedly made numerous comments, sent her numerous ‘instant messages’, and even followed her car from her home to work, all making her feel uncomfortable. A management inquiry substantiated the allegations. Management issued a Letter of Admonishment, and also ordered Respondent to have no further interactions with Reporting Party unless they are specifically work-related. [link]

2008-0115

Gender . . .
Terminal ATCS (developmental)SubstantiatedEmployee resigned
Reported 2/12/08 — internal investigation — resolved 2/19/08
A.O.: Kathryn Vernon; HR-rep: redacted
A female developmental controller reported that a male developmental controller had made numerous inappropriate comments. Included was a reference to flight progress strips in their plastic holders as ‘hookers’. Multiple witnesses claimed Respondent allegedly said, “I better go deliver these hookers.” A management inquiry substantiated the allegation. Respondent was a probationary employee with other issues (sleeping while on duty, credit card abuse), and he was removed two days after the incident. [link] (see also F11-2167 Response, p.28; and F11-2330 Appeal Response, p.19)

2008-0134

Religion . . .
Unknown (redacted)SubstantiatedEmployee was terminated
Reported 2/28/08 — internal investigation — resolved 3/6/08
A.O.: Ed Moy; HR-rep: redacted
Several coworkers reporting hearing Respondent make political comments about candidate Romney and disparaging comments about the Mormon church. One of the witnesses was a Mormon. A management inquiry substantiated the charges. The Respondent was probationary and had other issues related to intimidating behavior, so he was terminated. [Note: due to excessive redactions, it is not clear if Respondent was a controller or a technician or other position] [link]

2008-0135

Gender . . .
ASI – new hireInvestigation failed
Reported 3/12/08 — internal investigation — resolved 4/17/08
A.O.: Douglas Dalbey; HR-rep: redacted
Two female ASI new hires at a class at OKC charged that a male ASI new hire was intimidating them with abusive gender-based sexist comments. A management inquiry produced conflicting statements, and could not substantiate the charges. All involved employees were to be counseled. [link]

2008-0141

National Origin, Race . . .
Title unknown (redacted)SubstantiatedVerbal counseling
Reported 3/19/08 — internal investigation — resolved 4/4/08
A.O.: Brad Pearson; HR-rep: redacted
It was reported that an employee sent an email with inappropriate content, using the FAA email system. The email contained what appeared to be a news article about a restaurant near Pittsburgh, whose owner had posted a series of offensive messages on a lighted advertising sign. Within the email was a sequence of 26 photos, representing roughly a years’ worth of posted messages. One message read, “…round up all the wetbacks and send them south of the Rio Grande…” Another read, “The next reality TV show – from grid irons to leg irons – featuring O J Simpson and Michael Vick doing time in the same cell – sponsored by K Y Jelly” Other signs offered disparaging comments about the Iraq war, the current President, and others. A management inquiry substantiated the allegation. Management planned to issue Respondent a Letter of Admonishment, and counsel Respondent on proper use of the FAA email system. [link]

2008-0148

Sexual Misconduct . . .
Terminal ATCS or supervisorSubstantiatedLetter of reprimand
Reported 3/27/08 — internal investigation — resolved 5/12/08
A.O.: Kathryn Vernon; HR-rep: redacted
A female developmental controller reported a series of sexually inappropriate conversations that were interfering with her ATC training. Respondent was a male controller or supervisor (the title was improperly redacted). One comment by Respondent, related to a wood pedestal used in the cab, asked the developmental “…if the wood was hard, if it was erect.” A second example was when developmental was on her knees working on a computer, Respondent commented that she appeared to be “…giving a blow job.” A third example included Respondent talking about gardening naked and meeting his wife wearing only a sock. And, a fourth example was a conversation in which controllers were inquiring whether a new van had yet been used to have sex. The developmental had repeatedly informed Respondent that she found the comments distracting and inappropriate. A management inquiry confirmed the use of inappropriate language, but failed to substantiate specific allegations. A Letter of Reprimand was issued to Respondent, and all facility personnel were briefed on sexual harrassment. [link] (see also F11-2330 Appeal Response, p.20-21)

2008-0154

Gender . . .
Center ManagerSubstantiatedVerbal counseling
Reported 4/4/08 — internal investigation — resolved 5/6/08
A.O.: Steve Osterdahl; HR-rep: redacted
A female Center manager was charged with making numerous inappropriate comments about the attire and overall appearance of a female supervisor. The manager had commented that the supervisor’s overall appearance made it look as if “she was going out on a date.” It was also alleged that the Respondent accused the Reporting Party, that it appeared she spent hours to style her hair. A management inquiry substantiated the comments, but also concluded that they were delivered in a mentor/mentee context. Respondent was counseled to be mindful when discussing dress-related content in the future. [link]

2008-0172

Sexual Orientation . . .
Medical employeeSubstantiatedLetter of reprimand
Reported 4/30/08 — internal investigation — resolved 5/22/08
A.O.: Michael Jones, MD; HR-rep: Karolyn Grimes
A medical Program Analyst reported that a coworker had made inappropriate comments about the sexual orientation of another office employee. It was reported that Respondent (actual title was redacted) quietly asked if Reporting Party thought (name reacted) was gay. She then listed out her three reasons for believing he was gay, including the neighborhood he wanted to move to, his interest in starting a sports league, and a belief that he had no girlfriend. A management inquiry substantiated the allegation, and a Letter of Reprimand was issued. [link]

2008-0185

Sexual Misconduct . . .
Team ManagerSubstantiatedVerbal counseling
Reported 5/9/08 — internal investigation — resolved 6/6/08
A.O.: Mark Reeves; HR-rep: Karolyn Grimes
A Program Analyst reported that her Team Manager has ‘wandering eyes’ that make her uncomfortable, and make her not want to be alone around Respondent. She also reported three other employees (names redacted) who have spoken about the ‘wandering eyes’. A management inquiry substantiated the allegation. Respondent was concerned and apologetic, and was given an oral admonishment. Management began providing Respondent with “…one-on-one coaching from a qualified organizational psychologist and certified professional coach to enhance the Respondent’s awareness of and sensitivity to his reactions to the Reporting Party’s concerns and to similar issues.” [link] (see also F11-2330 Appeal Response, p.22-23)

2008-0186

Sexual Misconduct . . .
AVS Management SpecialistInvestigation failed
Reported 5/16/08 — internal investigation — resolved 6/9/08
A.O.: Douglas Dalbey; HR-rep: redacted
An AVS employee alleged that, during a closed-door discussion with a Management Specialist, she placed her hand on his leg, which made him feel uncomfortable. A management inquiry produced a ‘he said, she said’ conflict, so no further action was taken. [link]

2008-0187

Race . . .
AVS SupervisorSubstantiatedLetter of reprimand
Reported 5/30/08 — internal investigation — resolved 6/20/08
A.O.: Douglas Dalbey; HR-rep: redacted
An employee charged that an AVS Supervisor made a racially inappropriate comment. During a discussion about a Lotus Notes application, the Supervisor allegedly said, “Let’s use the white boy solution to this problem.” A management inquiry substantiated the allegation and a Letter of Reprimand was proposed. [link]

2008-0188

Race . . .
Unknown (redacted)Investigation failed
Reported 5/13/08 — internal investigation — resolved 5/30/08
A.O.: Douglas Dalbey; HR-rep: redacted
An anonymous Reporting Party (title redacted) submitted an allegation against a redacted name employee. In the FOIA response copy, redactions were excessive to the point of rendering the issues incomprehensible. One viewable comment was: “…another black agitator just like that other black agitator at the (redaction)….” A management inquiry found no substantiation, and the matter was dropped. [link]

2008-0190

Sexual Misconduct . . .
TMU SupervisorSubstantiatedRespondent retired
Reported 5/21/08 — internal investigation — resolved 6/2/08
A.O.: Kathryn Vernon; HR-rep: Karolyn Grimes
A TMC employee went to a different work location to monitor arrival flows, and when he returned his female supervisor made inappropriate comments. The two had a long history of disagreement. She suggested she needed to put a short leash on him, called him a dog, and said, “I would not even have to neuter you because you have no balls.” Respondent was scheduled to retire twelve days later, and was also scheduled to spend her final workweek on approved annual leave. Management began an inquiry, then abandoned it due to the pending retirement. [link] (see also F12-2167 Response p.52-53, and F11-2330 Appeal Response, p.24-25) )

2008-0191

National Origin . . .
Aviation Safety InspectorSubstantiatedProposed 7-day suspension
Reported 5/22/08 — internal investigation — resolved 10/27/08
A.O.: Douglas Dalbey; HR-rep: redacted
A Manager reported that several employees had alleged that they had overheard an Inspector using the term ‘raghead’ in reference to someone in the industry. The allegation was substantiated. Management issued a letter, proposing a 7-day suspension. [link]

2008-0199

Computer Pornography . . .
Unknown (redacted)No Action (awaiting FBI action)
Reported 6/6/08 — internal investigation — resolved (no closure date…still open?)
A.O.: Brad Pearson; HR-rep: redacted
The Acting Manager at ANM-750 advised that FBI is conducting an investigation of redacted from redacted for alleged child pornography using his government computer. The Manager of ANM-210 reported to the Accountability Board: “The FBI informed redacted that the agency is not to take any action until they advise. Action that may alert the employee, including any slip of confidentiality, may jeopardize their case. redacted is the agency contact with the FBI. Regional management officials with a need to know have been informed.” AEO-500 advised the Board that ASH will monitor the FBI investigation over the next year or so. [link]

2008-0207

Sexual Harrassment . . .
Center Supervisor (FLM)SubstantiatedVerbal counseling
Reported 6/20/08 — internal investigation — resolved 7/10/08
A.O.: Steve Osterdahl; HR-rep: redacted
A female CPC controller alleged that a male FLM Supervisor had repeatedly pressured her with unwanted and inappropriate conversation about her hair and perfume and body shape, etc. It was also charged that he had asked her to trade work shifts to match his. She rebuffed all perceived overtures, and then felt he was under-rating her work performance due to her actions. A management inquiry substantiated that the comments and actions had occurred, and noted that Respondent had been newly promoted to his FLM position in February 2008. The AB Disposition Status Report includes an extensive account of why management excused Respondent’s behavior as inadvertent; the extent of management justification is far beyond what is found in the average AB Case. [link]

2008-0217

Gender . . .
TITLESubstantiatedLetter of reprimand
Reported 6/26/08 — internal investigation — resolved 9/17/08
A.O.: Ed Moy; HR-rep: Karolyn Grimes
A contractor reported that another contract employee on a work assignment overheard an employee refer to his ex-wife as a “f*cking c*nt”. It was also alleged that the ex-husband said, “Wait until she sees the big changes coming – she’s going to really get it.” The management inquiry substantiated the allegations. Although Respondent denied making the comments, a witness stated the comments had been made by Respondent. Respondent had no previous disciplinary record, and management proposed to issue a Letter of Reprimand. [link]

2008-0219

Sexual Misconduct . . .
Terminal ATCSSubstantiatedVerbal counseling
Reported 6/25/08 — internal investigation — resolved 7/17/08
A.O.: Kathryn Vernon; HR-rep: redacted
A Controller reported that another controller has touched her approximately four times during the course of duty, over a long period of time (possibly more than a year). After the most recent incident, on 6/21/08 she immediately gave notice to the respondent, and notified management. The management inquiry substantiated the charges. The Respondent was counseled with: “whether this is clumsiness or whatever, it is inappropriate and needs to cease.” No further action was taken. [link] (see also F11-2167 Response, p.50-51; and, F11-2330 Appeal Response, p.26)

2008-0234

Sexual Orientation . . .
Terminal ATCS (developmental)Investigation failed
Reported 6/12/08 — internal investigation — resolved 8/8/08
A.O.: Kathryn Vernon; HR-rep: redacted
A Section Manager at Aerocenter, reviewing end-of-course critiques, read a comment alleging some students had been looking at pornographic material while in class. Six students were interviewed. The interviews revealed that Respondent had inappropriate discussions about the sexual orientation of a redacted student. The management inquiry was otherwise inconclusive. [link] (see also F11-2167 Response, p.48-49; and, F11-2330 Appeal Response, p.27)

2008-0236

Religion, Sexual Orientation . . .
Unknown (redacted)Investigation failed
Reported 7/9/08 — internal investigation — resolved 7/24/08
A.O.: Douglas Dalbey; HR-rep: redacted
An anonymous party reported that “there seem to be a great amount of distention locally towards homosexuals at the redacted.” Malicious conversations and openly hostile statements were alleged. Statements related to the superiority of certain religious affiliations were also alleged. The allegations did not identify a specific Respondent. Management concluded that because the charges were anonymous, and there were no identifiable witnesses, they would not investigate. A briefing of all employees is being coordinated with AWP AHR. [link]

2008-0243

Sexual Orientation . . .
Center ATCS (4)Not substantiatedVerbal counseling
Reported 7/10/08 — internal investigation — resolved 8/14/08
A.O.: Heather Leonard; HR-rep: redacted
A CPC at an enroute center reports finding a substance in his/her locker that appears to be excrement. The problem is reported to facility management. While showing the problem, the management official sees offensive graffiti on the inside of both the top and bottom locker doors. The top door reads “Die Fag”, while the bottom door reads “Got AIDS?”. The CPC says the writer of the graffiti is not known, and the words had appeared in the fall of 2007, after the outcome of an EEO complaint was learned. A management inquiry could not substantiate the author(s) of the graffiti. The inquiry did reveal the identity of one employee who had used the word ‘fagot’ in the ATC operational area, sometime during March 2008. The inquiry also revealed the identities of three employees who had been parties to conversations with inappropriate comments regarding sexual orientation. A Letter of Reprimand was issued to one Respondent, and all Respondents were counseled. [link]

2008-0246

Gender . . .
Contract instructors (2)SubstantiatedRemoved by contractor
Reported 7/8/08 — internal investigation — resolved 7/11/08
A.O.: Kathryn Vernon; HR-rep: Karolyn Grimes
An ANM Support Manager reports that two WCG contract instructors made inappropriate comments such as using the word ‘bimbo’, rudely referring to a person’s weight, and using the f-word when referring to a fellow instructor. FAA requested their removal. They were removed by the contractor, effective 7/11/08. [link] (see also F11-2330 Appeal Response, p.28-29)

2008-0250

Sexual Orientation . . .
Unknown (redacted)SubstantiatedLetter of reprimand
Reported 5/28/08 — internal investigation — resolved 6/27/08
A.O.: Douglas Dalbey; HR-rep: redacted
The Accountable Official (A.O.) reported that, during the administrative investigation of AB Case 2008-0186, the Reporting Party allegedly told the Investigator that he had shared the following statement with the Respondent to AB Case 2008-0186: “…one of the hospitals that performs surgeries for transgender people was in the vicinity of where he had done some work in the past and that redacted worked there.” [NOTE: for whatever reason, the AB Case Report notes that the Respondent is ‘a transgender employee’.] Management substantiated the allegation and issued a Letter of Reprimand to Respondent. [link]

2008-0252

National Origin . . .
Center ATCSSubstantiatedVerbal counseling
Reported 7/22/08 — internal investigation — resolved 8/14/08
A.O.: redacted; HR-rep: redacted
A FLM reported that he heard a CPC make an inappropriate comment. It was a coarse joke: “what is the difference between a tea cup and a pea cup? A tea cup is something you drink out of and a pea cup is something a Mexican drives.” The CPC immediately recognized the impropriety of the comment. It was reported to the Accountability Board. A management inquiry confirmed the incident and produced an apology. Management also directed one-on-one counseling sessions with all FLM’s followed by one-on-one FLM counseling of all CPC’s reinforcing FAA’s zero tolerance for sexual harassment and hostile work environment. Management also issued informational letters to all employees. [link]

2008-0256

Sexual Misconduct . . .
Center ATCSSubstantiatedProposed 45-day suspension
Reported 8/5/08 — internal investigation — resolved 8/26/08
A.O.: Heather Leonard; HR-rep: redacted
A center Air Traffic Manager reported that a developmental alleged a CPC had made inappropriate statements, asking if she would be “interested in a threesome with redacted and another redacted developmental or maybe some redacted-on-redacted stuff.” The developmental had blown off the incident, but was reporting later, and noted “…that redacted is the only controller she knows of who talks to developmentals like that.” Management substantiated the allegations. The Respondent denied making any of the alleged comments but other witnesses confirmed the charges (as well as other inappropriate sexual comments). The management inquiry also revealed that Respondent provided false information during an official investigation. Management planned to issue a letter proposing a 45-day suspension. [link]

2008-0258

Sexual Orientation . . .
Unknown(redacted)Investigation failed
Reported 8/8/08 — security investigation (ROI) — resolved 10/1/08
A.O.: Ed Moy; HR-rep: Karolyn Grimes
An Acting Manager reported that a technician left an office computer unsecured and an unknown party then used the computer to send an inappropriate email to fourteen coworkers. The comment asked for coworker support for her coming “…to the conclusion that I may be mostly Gay or full-out Flaming Gay….” The management inquiry failed to identify the respondent. However, the unknown respondent came forward, confessed sending the email, and resigned before management completed their inquiry. [link]

2008-0271

Sexual Misconduct . . .
Security contractorSubstantiatedRespondent resigned
Reported 8/20/08 — internal investigation — resolved 8/28/08
A.O.: Ed Moy; HR-rep: redacted
It is reported that two contract security personnel were in the Guard Shelter at the main gate, when a contractor/janitor entered the building. One security officer made a comment to the other, asking him to delay his patrol. When asked why, he said it was because he “…was afraid redacted would take advantage of redacted.” The incident was reported to a Supervisor, and the reporting party expressed ‘discomfort’. Management directed the Security Contractor to investigate. The allegation was substantiated, and Respondent said he did not think the statement would be interpreted that way. The Respondent resigned on 8/25/08. [link]

2008-0275

Sexual Misconduct . . .
Center ATCSSubstantiatedVerbal counseling
Reported 8/24/08 — internal investigation — resolved 8/27/08
A.O.: Heather Leonard; HR-rep: redacted
A CPC reported that another CPC, while handing off a flight to Little Rock (ICAO is ‘KLIT’), commented to another person: “With the ICAO routing, ‘Little Rock’ takes on a whole new meaning, doesn’t it?” Management substantiated the allegation. The Respondent offered to apologize and admitted the comment was offensive. Management counseled the Respondent and provided a written record of the counseling session for the file. [link]

2008-0276

Management Failure to Report . . .
Center ATCS (3)SubstantiatedVerbal counseling
Reported 8/26/08 — internal investigation — resolved 9/17/08
A.O.: Heather Leonard; HR-rep: redacted
An employee reported that, while in the control room, he heard two controllers “mimicking redacted in an ethnic dialect” saying “I’m gonna kill whitey.” When the witness asked the Controller-in-Charge (CIC), “are you going to do anything about that?”, the CIC’s response was allegedly “no.” The two controllers admitted to the alleged offense saying the inappropriate comments were made in frustration during a political discussion. Neither controller had a record of previous discipline; management proposed to issue Letters of Reprimand. Investigation of the CIC revealed that he claimed he did not hear the request to stop the inappropriate conversation. Management proposed to verbally counsel the CIC. [link]

2008-0281

Race . . .
Terminal ATCS Supervisor (FLM)SubstantiatedNo action taken
Reported 9/8/08 — internal investigation — resolved 12/11/08
A.O.: Kathryn Vernon; HR-rep: Dick Fossier
A CPC reported that a Front Line Manager (FLM) made a racially inappropriate remark. IN a conversation, the FLM had mentioned that “…redacted and his wife rent a room in their home to a tenant who came into a large amount of money (about $4,000) and that she was acting as if ‘all of a sudden she was NI**ER RICH.'” The Management Inquiry could not substantiate the allegation. The inquiry did establish that certain employees had been sharing improper nicknames for one another. The facility Staff Manager counseled the workforce. The Respondent requested a reassignment to a different facility and he was selected, with a release date of 12/7/08. [link]

2008-0282

Race; Sexual Misconduct; Management Failure to Report . . .
Terminal ATCS (5) & FLM (1)Investigation failed
Reported 9/10/08 — internal investigation — resolved 10/27/08
A.O.: Heather Leonard; HR-rep: Gwen Marshall & Dick Fossier
This AB Case made allegations against six named (but redacted) employees. Reporting Party was Respondent to AB Case 2008-0256. He had received a letter proposing a 45-day suspension, for his sexual misconduct and for making false statements during the investigation. He sent an email to redacted NATCA Representative, which ended up in redacted (redacted Western Services Areas) office. The email alleged that (three redacted names) engaged in a sexually inappropriate conversation in the control room about 3-way sex and spankings. It alleged use by (name redacted) of an inappropriate Spanish sexual term, and that the Supervisor took no action after this comment was reported. Lastly, the Reporting Party stated that he found it “distasteful when controllers of color are allowed to say, ‘you white guys’ in the control area….” Management investigated and could not substantiate allegations against five employees. However, one allegation was substantiated, and that Respondent was issued a Letter of Reprimand. [link]

2008-0291

Sexual Misconduct . . .
ManagerSubstantiatedProposed 5-day suspension
Reported 9/19/08 — internal investigation — resolved 10/17/08
A.O.: Mark Reeves; HR-rep: redacted
A male manager with a 30-year FAA work history allegedly made numerous inappropriate comments to a newly hired female employee, including seeking to buy her lunch and have drinks with her after work. A second female employee, also in an administrative support staff position, made similar charges. A management inquiry substantiated the charges. A 5-day suspension was proposed. [link] (see also F11-2167 Response, p.12; and, F11-2330 Appeal Response, p.33-34)

2008-0299

Sexual Orientation . . .
Terminal ATCSSubstantiatedVerbal counseling
Reported 9/23/08 — internal investigation — resolved 10/16/08
A.O.: Kathryn Vernon; HR-rep: Gwen Marshall
A terminal controller (Reporting Party) charged that “she and other controllers were in the Bakersfield break room with the TV on the news station” when a male terminal controller (Respondent) made an inappropriate comment, pertaining to a news anchor’s sexual preference. Respondent allegedly pointed to the TV and said, “that guy likes little boys.” A conversation ensued. At the end, Respondent allegedly said “I know the guy (or of the guy) through my ex-wife who had worked with him … the guy is gay and liked younger men.” The management inquiry substantiated the allegation. Because Respondent was making a statement based on information he believed to be factual, Management was satisfied when he offered to apologize to anyone who may have been offended. No disciplinary action was taken, and all employees were to be briefed about proper workplace behavior and Accountability Board issues. [link] (see also F11-2167 Response, p.41-42; F11-2330 Appeal response, p.37-38; and F12-7034 Response, p.4)

2008-0302

Race . . .
Center ATCSSubstantiatedVerbal counseling
Reported 9/12/08 — internal investigation — resolved 10/24/08
A.O.: Heather Leonard; HR-rep: Gwen Marshall
A FLM reported that a male controller had made an inappropriate comment. Someone had turned up the lights during a mid shift. The lights were then dimmed, at which point the Respondent turned to a black coworker and said: “hey, where did you go?” The FLM immediately reprimanded the Respondent. The management inquiry substantiated the allegation. Respondent admitted to the comment and noted it was not intended to be racial, and he would have made the same remark to a white coworker. No further disciplinary actions (beyond the immediate reprimand) were taken. [link]

2008-0306

National Origin . . .
Terminal ATCSSubstantiatedProposed removal
Reported 9/25/08 — internal investigation — resolved 11/13/08
A.O.: Kathryn Vernon; HR-rep: Gwen Marshall
A Staff Manager listening to operational tapes found a lengthy exchange in which Respondent had been repeatedly criticizing the English language skills of a pilot. The matter was reported to the Accountability Board. Management then produced a lengthy dissertation about the Respondent’s long history of rude and discourteous performance. Management concluded by noting they are combining this and other incidents into a package, proposing Respondent’s removal from FAA. [link] (see also F11-2330 Appeal Response, p.39)

2008-0312

Sexual Orientation . . .
Center ATCSSubstantiatedVerbal admonishment
Reported 9/22/08 — internal investigation — resolved 9/15/08
A.O.: Heather Leonard; HR-rep: redacted
When finishing a discussion with a male controller (CPC) about an operational issue, a supervisor heard the word ‘faggot’ stated. A verbal admonishment was issued on-the-spot. [link]

2009-0001

Sexual Misconduct . . .
Terminal ATCSSubstantiatedVerbal counseling
Reported 10/9/08 — internal investigation — resolved 10/24/08
A.O.: Kathryn Vernon; HR-rep: Karolyn Grimes
An Acting Air Traffic Manager reported that a female controller had used FAA email to send numerous employees an email with a subject line “Investment Tips for 2009” with at least one sexually suggestive and inappropriate joke. A management inquiry revealed that Respondent was unaware of the inappropriate content within the forwarded email. Respondent had no other disciplinary history and the counseling session was deemed to be sufficient discipline. [link]

2009-0002

Sexual Orientation . . .
ATSSNot SubstantiatedLetter of reprimand
Reported 10/10/08 — security investigation (ROI) — resolved 1/14/09
A.O.: Ed Moy; HR-rep: Karolyn Grimes
A male ATSS charged that a male ATSS coworker had made inappropriate comments about sexual orientation. In a conversation about a female technician who underwent a male to female gender change, Respondent allegedly said, “She will burn in Hell and she should be killed, no, IT should be killed.” It was also alleged that Respondent said, “All gays are going to burn in hell and should be killed.” A management inquiry produced denials from Respondent, but showed that Reporting Party had also made inappropriate comments. A Security ROI was requested. The ROI interviews produced new evidence, and Reporting Party was added as a Respondent, due to his inappropriate comments. [link]

2009-0004

Sexual Orientation . . .
Center ATCSSubstantiatedVerbal admonishment
Reported 10/14/08 — internal investigation — resolved 10/14/08
A.O.: Heather Leonard; HR-rep: Pat Simmons
An Operational Manager (OM) had a discussion with a CPC/OJTI and another CPC (Respondent). Compliments were expressed about the CPC/OJTI. Respondent then allegedly stated, “He’d make a good dad one day if he wasn’t gay.” Both other employees made immediate admonishments for the inappropriate comment. [link]

2009-0007

Sexual Misconduct . . .
Terminal ATCS (2)SubstantiatedNo disciplinary actions taken
Reported 10/14/08 — internal investigation — resolved 11/17/08
A.O.: Kathryn Vernon; HR-rep: Dick Fossier
A female Terminal controller reported walking into a break room and finding two male controllers (Respondents) watching a nude sex scene on the cable TV. She noted that neither stood up to change the channel, and she had to tell them the movie was inappropriate and to change the channel. A management inquiry substantiated the allegation. It was also determined that management had failed to install filters to block such inappropriate content on the facility break room television. During the inquiry, the Reporting Party indicated a hostile work environment had evolved; essentially, her actions triggered rumors through the facility, that the cable TV access would be removed. Management decided to take no disciplinary actions, and to subject all employees to EEO and AB refresher training. [link]

2009-0019

Sexual Misconduct . . .
Unknown (redacted)SubstantiatedVerbal counseling
Reported 11/3/08 — internal investigation — resolved 1/8/09
A.O.: Tina Amereihn; HR-rep: Pat Simmons
Five female employees reported inappropriate behaviors by the same male employee. One reported that Respondent had asked, “Are you looking for an online class or a hands-on class, because if it’s hands-on, we couldn’t do it here.” One reported that Respondent asked in Spanish, “Would you like to kiss?” Another reported that Respondent had “…asked me to go with him to dinner in a dark restaurant, and that my husband didn’t need to know.” Another reported that he had told her, “you have a sexy voice.” Another reported that Respondent “…spent hours staring at me and talking about his wife’s belly-dancing.” A management inquiry included interviews of the five Reporting Parties as well as other witnesses. It substantiated the allegations. An additional misbehavior was revealed; that, when Respondent was doing a computer repair in a cubicle on 1/2/09, a female employee flinched when Respondent’s hand touched her shoulder, and he backed away. As of January 8, 2009, Management planned to issue a letter, proposing a 7-day suspension. Respondent died from a malignant brain tumor on 4/14/09. The Executive Director of the Accountability Board then abated the case. [link]

2009-0025

Sexual Misconduct . . .
Terminal ATCSSubstantiatedProposed 1-day suspension
Reported 11/7/08 — internal investigation — resolved 12/9/08
A.O.: Kathryn Vernon; HR-rep: Gwen Marshall
A female TMU specialist reported that a male controller (Respondent) had placed a series of anonymous handwritten notes and a package into her headset locker. The handwriting matched previous notes from Respondent. The notes were ‘weird’, including a poem entitled ‘She’s Gone’, and rambling about smuggling flasks into a Madonna concert. A management inquiry substantiated the allegations, and a 1-day suspension was proposed. [link] (see also F11-2167 Response, p.88-89; F11-2330 Appeal Response, p.43-44)

2009-0034

Sexual Misconduct . . .
ATO Terminal contractorSubstantiatedContract to NOT be renewed
Reported 9/23/08 — internal investigation — resolved 12/11/08
A.O.: Kathryn Vernon; HR-rep: Gwen Marshall
A female ATC Staff Specialist at SoCal TRACON reported that a male contractor (Respondent) wanted to be more than just friends and had made a series of inappropriate comments to her. Included was an anonymous note in which she was warned that her current boyfriend has unprotected sex with both women and men. A management inquiry revealed that the Reporting Party and Respondent had a long history with interactions outside the workplace. Management briefed Respondent, directing him to have no workplace interaction with the Reporting Party. Management also decided to NOT renew Respondent’s contract, set to expire in February 2009. [link] (see also F11-2167 Response, p.90-91; F11-2330 Appeal Response, p.45-46)

2009-0050

Sexual Orientation . . .
Terminal ATCSInvestigation failed
Reported 2/15/09 — internal investigation — resolved 3/9/09
A.O.: Kathryn Vernon; HR-rep: Dick Fossier
A male controller reported that several controllers were watching a NASCAR event on the break room television, when a male controller (Repondent) allegedly walked into the break room and said, “NASCAR drivers are fags.” A (name redacted) controller immediately replied, “They are tougher than you.” (name redacted) then informed management and departed work early, stressed out over the incident. A management inquiry failed to substantiate the allegation. Witnesses indicated a comment was made, but they all could not remember the specific comment. Management subjected all personnel to refresher training related to diversity in the workplace. [link] (see also F11-2167 Response, p.94-95; F11-2330 Appeal Response, p.49)

2009-0051

National Origin . . .
UnknownInvestigation failed
Reported 12/28/08 — internal investigation — resolved 1/7/09
A.O.: Ed Moy; HR-rep: Karolyn Grimes
An ATSS employee reported that two sheets of paper with derogatory comments against Mexicans had been placed into his facility mail slot. A management inquiry could not identify a Respondent, and the matter was closed. [link]

2009-0052

Sexual Misconduct . . .
ATSS employeePartially substantiatedVerbal admonishment
Reported 12/18/08 — security investigation (ROI) — resolved 3/30/09
A.O.: Ed Moy; HR-rep: Karolyn Grimes
A female contract security guard reported a series of inappropriate comments and actions by an ATSS employee. He had allegedly told her, “You’re hot,” and had asked her to look at his legs. During the Christmas holidays he had sent her numerous text messages. A Security ROI was completed, and it substantiated the comment, but found nothing else. The employee was verbally admonished. [link]

2009-0054

Computer Pornography . . .
Terminal AT ManagerSubstantiatedProposed 5-day suspension
Reported 1/2/09 — internal investigation — resolved 1/5/09
A.O.: Kathryn Vernon; HR-rep: Dick Fossier
A male controller at a tower in the Bay Area went to his manager’s office to inquire as to whether or not 1/2/09 would be a paid holiday. He found the manager (Respondent) viewing a nude woman on his laptop computer. The manager turned around quickly with a surprised look, then answered the question. A management inquiry produced an admission by Respondent, that he had viewed the photo on his personal laptop. It was claimed that the photo was an attachment from a friend, and he was unaware that it was pornographic until he opened it. A 5-day suspension was proposed. [link] (see also F11-2167 Response, p.96-97; F11-2330 Appeal Response, p.50)

2009-0055

Sexual Misconduct . . .
Terminal ATCSSubstantiatedLetter of reprimand
Reported 1/9/09 — internal investigation — resolved 2/13/09
A.O.: Kathryn Vernon; HR-rep: Gwen Marshall
A female controller reported that a male controller (Respondent) made an inappropriate remark while the two were coordinating live air traffic. She mentioned that there were two large holes on the south side, referring to gaps in the flow of traffic on final approach. Respondent allegedly replied by saying, “Your hole is bigger than mine.” She twice said, “Excuse me,” giving Respondent an opportunity to apologize, but he did not. A management inquiry substantiated the charge, but found the response was heard differently by various witnesses. A Letter of Reprimand was proposed. [link] (see also F11-2167 Response, p.98-99; F11-2330 Appeal Response, p.51)

2009-0059

Sexual Misconduct . . .
Contract instructorSubstantiatedVerbal counseling
Reported 1/13/09 — internal investigation — resolved 1/21/09
A.O.: Kathryn Vernon; HR-rep: Gwen Marshall
A Terminal developmental controller reported that a male contract instructor at a California facility (Respondent) inappropriately touched him, by scratching has back. A management inquiry revealed that another controller had a similar experience with the same contract instructor. The contract firm was notified and Respondent was counseled to not touch trainees in any manner. [link] (see also F11-2167 Response, p.100-101)

2009-0061

Sexual Misconduct . . .
UnknownNo Respondent identified
Reported 1/20/09 — internal investigation — resolved 2/11/09
A.O.: Nancy Kalinowski; HR-rep: Pat Simmons
A Supervisory Traffic Management Coordinator reported that the Electronic Traffic Management System (ETMS) monitor in the work area displayed a screensaver with inappropriate displays. The screensaver showed a string of random barcodes with random English alphabet letters above each barcode; the words “BOOB” and “COCK” were occasionally spelled out. A concern was that the screensaver was viewable on a monitor in an area commonly used by visitors and dignitaries on ATC facility tours. A management inquiry was conducted. Facilities nationwide were advised to disable the ETMS screensaver. The inquiry revealed that it did not appear that the words were generated as a result of something that anyone at the facility had done. [link]

2009-0070

Sexual Misconduct . . .
Terminal Staffing/QA SpecialistSubstantiatedVerbal counseling
Reported 1/14/09 — internal investigation — resolved 2/13/09
A.O.: Kathryn Vernon; HR-rep: Gwen Marshall
A female secretary at a Terminal ATC facility in California reported that a male Staff & QA Specialist (Respondent) had made a series of inappropriate actions and comments. She alleged that Respondent walked over to her desk, began talking about his job, and in the middle of a sentence whispered “You are so fine.” Numerous other concerns included many comments, lip-licking noises, a moaning type noise like a man masturbating, standing very close and blowing her hair, and rubbing against her body at waist level. Additionally, a charge was made that Respondent was caught peeping down the blouse of (name redacted) while she was at her work station. A management inquiry produced denial statements by Respondent. Other female employees confirmed Respondent had a pattern of assertive comments about their looks, and asking them out on dates. However, management concluded that the allegations were not substantiated. Respondent was verbally counseled. [link] (see also F11-2167 Response, p.102-103)

2009-0074

Sexual Misconduct . . .
Terminal Supervisor (FLM)SubstantiatedProposed demotion to controller rank
Reported 2/4/09 — security investigation (ROI) — resolved 3/31/09
A.O.: Kathryn Vernon; HR-rep: Karolyn Grimes
A female Air Traffic Assistant in Utah charged that a Supervisor (FLM) had “…touched my buttocks when I was organizing strips, tousled my hair, and tickled me nearly touching my breasts.” She further alleged that he had made repeated requests to take her out to dinner, which she declined. A management inquiry substantiated all charges except it did confirm touching of the breasts or buttocks. A demotion back to being a controller was proposed. [link] (see also F11-2167 Response, p.104-105; F11-2330 Appeal Response, p.52-53)

2009-0078

Sexual Misconduct . . .
EngineerSubstantiatedLetter of reprimand
Reported 2/5/09 — internal investigation — resolved 2/20/09
A.O.: Ed Moy; HR-rep: Karolyn Grimes
A female engineer reported that a male engineer (Respondent) had sent her and another FAA employee an email with a series of photos showing a bull and a cow copulating. The charge was substantiated by a management inquiry, and Respondent was to be issued a Letter of Reprimand. [link]

2009-0090

Sexual Misconduct . . .
Terminal Supervisor (FLM)SubstantiatedVerbal counseling
Reported 1/9/09 — internal investigation — resolved 3/11/09
A.O.: Kathryn Vernon; HR-rep: Pat Simmons
An anonymous call to the Administrator’s Hotline charged that male supervisor approached a CPC controller, stuck his fingers under his nose and said, “Guess what me and my bride did last night?” It was alleged that this action was repeated to at least two other controllers. The action was substantiated in a management inquiry, but attributed to a discussion of a movie storyline. The Respondent was verbally counseled. [link]

2009-0092

Race . . .
InspectorSubstantiatedLetter of warning
Reported 2/20/09 — internal investigation — resolved 3/3/09
A.O.: Rob Lowe; HR-rep: Pamela Smith
A FSDO Manager reported hearing a male inspector (Respondent) tell another inspector, “Thank goodness the new President is half white, that means he’ll come to work at least 2 days a week.” A management inquiry substantiated the allegation, and Respondent claimed he was repeating a joke heard on the radio. Respondent further declared he had no malice and does not typically use this type of language in the work place. A Letter of Warning was proposed. [link]

2009-0094

National Origin . . .
Terminal ATCSSubstantiatedVerbal counseling
Reported 2/20/09 — internal investigation — resolved 3/17/09
A.O.: Kathryn Vernon; HR-rep: Dick Fossier
A male CPC at an Arizona Terminal facility reported that another male CPC (Respondent) had called a Developmental controller his “terrorist buddy.” The Developmental was of Indian descent. The Reporting Party was controller-in-charge (CIC); he told Respondent to stop calling the Developmental a terrorist, and an argument ensued. A management inquiry substantiated the allegation and also revealed that Respondent and the Developmental have a relationship where they tease each other with such labels. Both controllers were counseled to avoid inappropriate references in the workplace. [link] (see also F11-2167 Response, p.108-109; F11-2330, p.56-57)

2009-0095

Religion . . .
Unknown (redacted)SubstantiatedLetter of admonishment
Reported 2/20/09 — internal investigation — resolved 3/13/09
A.O.: Brad Pearson; HR-rep: Pat Simmons
An AVS employee was charged with posting an 8.5 x 11 inch email printout with the title, Terrorist Geese – Al Quaka May be responsible for US Air 15498 Crash into the Hudson River.” One of the geese was sketched wearing a turban. A management inquiry substantiated the allegation, and a Letter of Admonishment was proposed. [link]

2009-0100

Race, Sexual Misconduct . . .
AFS ManagerSubstantiatedLetter of admonishment
Reported 2/25/09 — internal investigation — resolved 3/18/09
A.O.: Michael McCarthy; HR-rep: Gwen Marshall
A female AFS employee reported that her supervisor (Respondent, an Aviation Safety Inspector Manager) made inappropriate comments. Respondent allegedly said, “I am your master, your only master and the only master you are ever going to have.” She replied, “You are not my master, you are my supervisor.” Another allegation was that Respondent had made the statement, “…they had him by the gonads…,” was told to not say that, and responded, “why not?” A management inquiry failed to substantiate use of the word ‘master’, but Respondent did admit to his ‘gonads’ comment. A Letter of Admonishment was proposed. [link]

2009-0104

Gender, Sexual Misconduct . . .
ASISubstantiatedTermination
Reported 12/16/08 — internal investigation — resolved 3/13/09
A.O.: Michael McCarthy; HR-rep: Gwen Marshall
A female Aviation Safety Inspector (ASI) reported a series of inappropriate comments by a male ASI (Respondent). The two parties were at lunch with another coworker when the topic of conversation turned to ‘women’. Respondent allegedly made numerous comments, such as that women should cook but not watch TV, so they do not get ideas to become doctors, lawyers, etc. Additionally, that he had commented about a young female employee, “Oh, you must have been hired because you’re a female.” A management inquiry substantiated the allegations, and Respondent was terminated effective 1/2/09. [link]

2009-0116

Race . . .
Tech Ops ManagerSubstantiatedNo action taken
Reported 3/12/09 — internal investigation — resolved 4/1/09
A.O.: Ed Moy; HR-rep: Gwen Marshall
A Tech Ops employee reported overhearing a conversation in which a Tech Ops Manager (Respondent) made the statement, “Once you go black you never go back.” Additionally, it was reported that on 2/12/09 Respondent called (employee name redacted) into his office and informed him that complaints had been received about him eating his lunch too loudly, passing gas, and having body odor. A management inquiry substantiated the allegation, which was said to be a reference to drinking coffee. The gas/odor concerns were apparently not addressed in the management inquiry. No action was taken against the Manager. [link]

2009-0122

Sexual Orientation . . .
TITLESubstantiatedVerbal counseling
Reported 3/18/09 — internal investigation — resolved 4/3/09
A.O.: Kathryn Vernon; HR-rep: Gwen Marshall
A female employee reported that, while attending an off-site conference, she heard a female Terminal District Manager make inappropriate comments about another person’s sexual orientation. Speaking about a previous subordinate who was known to have a lesbian partner, Respondent allegedly referred to her as a “freak” and said, “…the vision (of her) and her life partner is an abomination.” A management inquiry produced denials by Respondent. She did admit that, if she had negative comments to make, it would have been in relation to the work ethic of the previous subordinate. [link]

2009-0129

Sexual Misconduct . . .
UnknownInvestigation failed
Reported 3/20/09 — internal investigation — resolved 3/26/09
A.O.: Ed Moy; HR-rep: Karolyn Grimes
An ATSS reported a pair of women’s thong underwear in the RAD/NAV/ESU office. A management inquiry the next day was not successful, and no Respondent was identified. [link]

2009-0132

Sexual Misconduct . . .
Aviation Safety InspectorSubstantiatedProposed 3-day suspension
Reported 3/27/09 — internal investigation — resolved 4/16/09
A.O.: Michael McCarthy; HR-rep: Gwen Marshall
An anonymous employee reported that a male Aviation Safety Inspector had made numerous inappropriate sexual comments while participating in a team-focused inspection. This included using the F-word, referring to women as ‘honeys’, using hand gestures to imply a male erection, and saying, “Women just like to be Manhandled.” A management inquiry substantiated the allegations. Respondent was remorseful and proposed a 5-day suspension; management mitigated his discipline down to a 3-day suspension. [link]

2009-0136

Sexual Misconduct . . .
Terminal ATCS studentSubstantiatedTerminated
Reported 3/30/09 — internal investigation — resolved 4/9/09
A.O.: Kathryn Vernon; HR-rep: Gwen Marshall
An anonymous letter placed upon the instructor’s podium in an FAA classroom reported that a (name redacted) student had made inappropriate comments and actions in the back of the classroom. The same student was also Respondent to another Sexual Misconduct (see AB Case 2009-0148). A management inquiry substantiated the allegations, and the probationary student was terminated on 4/10/09. [link]

2009-0141

Sexual Harassment . . .
AFS employeeSubstantiatedLetter of reprimand
Reported 3/25/09 — internal investigation — resolved 4/22/09
A.O.: Michael McCarthy; HR-rep: Dick Fossier
A male Managing Director reported for a female employee who wished to remain anonymous that she had experienced a history of frightening stalking-type behavior from a male AFS coworker (Respondent). Beginning in July 2008, Respondent began sharing his personal problems in conversations with the anonymous female. Respondent then began offering candy and gifts, which were rejected. Respondent allegedly appeared at the gate when the female and her husband were departing. During March 2009, Respondent began repositioning his parked vehicle to be next to her parked vehicle. A management inquiry substantiated the allegations. Respondent was directed to not contact the Reporting Party, and a Letter of Reprimand was proposed. [link]

2009-0146

National Origin . . .
TITLESubstantiatedVerbal counseling
Reported 4/2/09 — internal investigation — resolved 4/28/09
A.O.: Ed Moy; HR-rep: Dick Fossier
Two female contract employees reported that a male Technician came up behind them while they were working, and began yelling, “Speak English,” and “No Comprendo.” A management inquiry conducted through an interpreter produced different allegations. Respondent was verbally counseled and required to complete a study module with the title ‘Communicating to Get Results’. [link]

2009-0147

Gender . . .
Terminal ATCS (developmental)SubstantiatedProposed letter of reprimand
Reported 4/6/09 — internal investigation — resolved 4/27/09
A.O.: Kathryn Vernon; HR-rep: Pat Simmons
A FLM and a male developmental controller charged that a female developmental controller used inappropriate language in an email. She had engaged the male developmental controller in a frank discussion which ended with her calling him “a f*cking b*tch” and a “f*cking c*nt”. A management inquiry substantiated the charge, and a Letter of Reprimand was proposed. [link] (see also F11-2167 Response, p.67-68; F11-2330 Appeal Response, p.60-61)

2009-0148

Sexual Misconduct . . .
Terminal ATCS studentSubstantiatedTerminated
Reported 3/31/09 — internal investigation — resolved 4/9/09
A.O.: Kathryn Vernon; HR-rep: Ellen Mills
A female ATC student reported that a male ATC student (Respondent) talked about what they would do on Saturday night and asked if they, “…were going to dance naked in the shower.” The same male student was also Respondent to another Sexual Misconduct (see AB Case 2009-0136). Respondent was terminated on 4/10/09, and this AB Case was then dropped. [link] (see also F11-2330, p.62)

2009-0151

Sexual Misconduct . . .
Unknown (redacted)Investigation dropped
Reported 9/11/08 — internal investigation — resolved 4/9/09
A.O.: (none listed, at ARP); HR-rep: Karolyn Grimes
Two female contractors charged that a male contractor made numerous sexually inappropriate comments to them. Both charged that the Respondent would offer to massage their breasts and nipples, make comments about their breasts, attempt to put his hand down their blouse, etc. Respondent was arrested in February 2009, and there is no indication of any further AB action. [link]

2009-0164

Sexual Harassment . . .
Security contract employeeSubstantiatedTerminated by contractor
Reported 4/21/09 — internal investigation — resolved 5/11/09
A.O.: Ed Moy; HR-rep: Dick Fossier
A female contract employee reported inappropriate behavior by a male contract Security employee (Respondent). She had stopped to drop garbage from her car, and left the car door open. When she returned, she starting to back out, then screamed and slammed on the brakes when she saw Respondent sitting in the back seat. He allegedly massaged her shoulders, asked her to calm down, then stepped out of the car to laugh as she drove off. When she arrived at work the next day, Respondent was at the Guard Shack to greet her. He allegedly rubbed his hands over her hands and asked if she was okay. A formal complaint was filed and the contracting firm conducted an investigation. Allegations were substantiated and Respondent was terminated. [link]

2009-0166

Gender, Race . . .
ASH Section ManagerInvestigation failed
Reported 4/23/09 — security investigation (ROI) — resolved 10/21/09
A.O.: Claudio Manno; HR-rep: Gwen Marshall
A female ASH (Security) Specialist reported several incidents with intimidating and derogatory comments by a female ASH Section Manager. A Security Investigation failed to substantiate any allegations. However, a parallel investigation for more serious issues outside of the purview of the Accountability Board did produce a disciplinary action. [link]

2009-0179

Sexual Misconduct . . .
Center ATCSInvestigation failed
Reported 4/27/09 — internal investigation — resolved 5/25/09
A.O.: Steve Osterdahl; HR-rep: Gwen Marshall
An Air Traffic Manager at an enroute center reported that a male center employee allegedly made sexually inappropriate remarks. First, after someone had mentioned ‘Leading from where you are’, two controllers overheard Respondent allegedly say, “Leading from the Back Door.” Then, Respondent allegedly commented to another controller about a female controller he used to date, saying “He knew what to touch on her body to get her to follow him anywhere.” A management inquiry produced denials from Respondent and all witnesses. Management directed that all employees receive a focused briefing regarding Accountability Board. [link]

2009-0187

Race . . .
FAA-registered DPESubstantiatedFBI referral and suspension
Reported 5/20/09 — internal investigation — resolved 5/21/09
A.O.: Brad Pearson; HR-rep: Karolyn Grimes
A private pilot applicant sent a letter to ANM-210 (the Resource Management Branch at FAA’s Flight Standards Regional office, in Renton, WA), alleging that an FAA-registered Designated Pilot Examiner (DPE) made highly offensive and inappropriate racist comments during a checkride. He charged that the DPE repeatedly referred to President Obama as a monkey, and stated he could not wait until the President was assassinated. The five-minute rant was conducted in a dispatch briefing midway through the checkride process. Essentially, this pilot applicant had paid roughly $1,000 and had to sit through a bigoted rant to get through the process, and receive his certification. The detailed letter with allegations was forwarded to FAA Security and to the FBI. The DPE’s authorization was suspended pending investigations. [link]

2009-0189

Sexual Misconduct . . .
UnknownInvestigation failed
Reported 5/17/09 — internal investigation — resolved 5/19/09
A.O.: Richard Belmonte; HR-rep: Dick Fossier
A male developmental controller at a Nevada control tower found a sexually explicit magazine in the bottom drawer of an electronics console, adjacent to the Local Assist work position. The magazine was confiscated and secured in a management office. A management inquiry and search of the facility produced no further information. [link]

2009-0190

Sexual Misconduct . . .
Terminal Supervisor (FLM)SubstantiatedProposed 1-day suspension
Reported 5/21/09 — internal investigation — resolved 6/10/09
A.O.: Richard Belmonte; HR-rep: Gwen Marshall
A male CPC controller at an Arizona facility reported overhearing a discussion in which a FLM Supervisor made sexually inappropriate remarks to a female CPC controller. It was alleged that the female controller advised the FLM that she taken some tylenol, and when the FLM asked why, she said she was required to do so. The FLM then stated, “…well, a couple of years ago, I took a viagra and had a hard on for four hours. I guess I should have told my supervisor. Ha. Ha. Now go to work….” A management inquiry produced an admission by Respondent. A 1-day suspension was proposed. [link] (see also F11-2167 Response, p.71-72)

2009-0192

National Origin . . .
Contract employeeSubstantiatedRemoval from work assignment
Reported 5/1/09 — internal investigation — resolved 6/22/09
A.O.: Mark Reeves; HR-rep: Karolyn Grimes
An ATO-V Team Leader charged that a Lockheed-Martin contract employee insulted his national identity by accusing him of not understanding English. An inquiry was conducted by the contracting firm. FAA review of that inquiry report concluded Respondent should be removed from the Business Case Management Team. [link]

2009-0194

Disability . . .
AFS ManagerInvestigation failed
Reported 5/21/09 — internal investigation — resolved 6/29/09
A.O.: Raymond Towles; HR-rep: Gwen Marshall
A male Aviation Safety Inspector (ASI) reported a pattern of harassment by a male AFS Manager (Respondent), which he believed is discriminatory related to his disability. A management inquiry failed to produce a substantiation, and the case was dropped. [link] (see subsequent AB Case for this respondent, #2009-0239)

2009-0202

Sexual Misconduct . . .
TRACON ManagerSubstantiatedProposed 45-day suspension
Reported 6/4/09 — internal investigation — resolved 6/30/09
A.O.: Richard Belmonte; HR-rep: Pat Simmons
A female developmental ATCS reported that she had accompanied her Manager at Denver TRACON (Respondent) to a bar in January 2009. She accepted a ride home and she alleges that, after allowing him into her home, he “rubbed her legs and tried to kiss her.” A management inquiry in May 2009 produced denials by Respondent, and Accountability Board rejected the case. Then, one month later , the Reporting Party offered a subsequent report, alleging that he “reached inside her garments and groped her upper and lower body parts … and exposed himself.” A management inquiry substantiated the allegations. It was also determined that Respondent had lied in the initial inquiry, though it is believed he eventually stated the truth. A 45-day suspension was proposed. [link] (see also F11-2167 Response, p.73-74; and F12-7034 Response, p.5)

2009-0208

Sexual Misconduct . . .
Tech Ops ManagerSubstantiatedLetter of reprimand
Reported 6/12/09 — internal investigation — resolved 7/16/09
A.O.: Ed Moy; HR-rep: Karolyn Grimes
A female Tech Ops Manager reported overhearing an inappropriate conversation between a female Administrative Assistant and a male Tech Ops Manager. It was alleged that the two were discussing the safety pins attached to the Administrative Assistant’s badge lanyard. She explained she needed them since she had torn her pants. Respondent then asked her, “What kind of underwear are you wearing?” She replied, “(name redacted), you’re a married man.” to which he responded, “Can’t you just give me a visual?” A management inquiry substantiated the allegation and a Letter of Reprimand was proposed. [link]

2009-0209

Race . . .
HR employeeSubstantiatedVerbal counseling
Reported 6/11/09 — internal investigation — resolved 6/25/09
A.O.: Karen Johnson (at AHR); HR-rep: Karolyn Grimes
A female Manager in the Employment Services Branch (ANM-14, part of HR) voluntarily submitted a performance evaluation regarding a female employee she had supervised for a three-week detail. Although the overall evaluation was positive, in one section she reported that, on 5/21/09, the employee “…told me that I was a slave driver…” and that “…the slaves were freed….” One week later, on 5/27/09, the Respondent allegedly repeated that the Manager, “…was a slave driver, and that she had not even taken lunch today….” A management inquiry substantiated the charges, and Respondent was verbally counseled. [link]

2009-0213

Race . . .
Terminal ATCSSubstantiatedProposed 1-day suspension
Reported 6/16/09 — internal investigation — resolved 7/7/09
A.O.: Richard Belmonte; HR-rep: Dick Fossier
A white female controller at the tower cab in Burbank said, “…shut the f*ck up N*gger…” to a black male coworker as a joke, in front of the facility manager. She was immediately removed from position. A management inquiry substantiated the allegation. It also revealed that five minutes earlier, the two controllers began a discussion about who can use the word “n*gger” and were immediately told by a Supervisor that they must stop. The white female controller’s comment was combined with other disciplinary issues, and a 1-day suspension was proposed. The black male controller stated he was not offended by the use of the n-word, and a Letter of Reprimand was proposed.[link] (see also p.3-4 of the F12-7033 Response, all of F12-1687, and p.17-18 of F10-8298 Appeal response.)

2009-0225

Race . . .
Terminal Supervisor (FLM)SubstantiatedVerbal counseling & proposed demotion
Reported 6/29/09 — internal investigation — resolved 7/20/09
A.O.: Richard Belmonte; HR-rep: Gwen Marshall
A FLM reportedly was leading a tour of the tower cab with 6-7 visitors. When he introduced the Ground Controller by name, a visitor asked a question, to which a controller responded, “No, I’m the new guy. (name redacted) is the other one.” Respondent then allegedly said, “That’s OK. They all look alike anyway.” The two controllers connected to the identity confusion were both black. A management inquiry substantiated the allegation. Respondent was counseled and a demotion to controller rank was proposed. [link] (see also p.17-18 of F10-8298 Appeal response.)

2009-0233

Sexual Misconduct . . .
Administrative coordinator at ATO-WSubstantiatedVerbal counseling
Reported 7/14/09 — internal investigation — resolved 8/4/09
A.O.: Ed Moy; HR-rep: Karolyn Grimes
An Operations Manager reported receiving a sexually inappropriate email from a female Administrative Coordinator. The email contained a photograph of a lights switch, and the switch plate cover depicted a stylized male body, with the switch as a penis. The word ‘Viagra’ was spelled out vertically on the right side of the switch plate cover. The caption under the photograph said: “If the light stays on for more than four hours, contact your erectrician.” A management inquiry substantiated that Respondent had sent the email using the FAA email system. She expressed remorse and noted it was intended for her husband, but accidentally sent to others. She was verbally counseled. [link]

2009-0238

Race . . .
Terminal Supervisor (FLM)SubstantiatedVerbal counseling
Reported 7/28/09 — internal investigation — resolved 9/1/09
A.O.: Richard Belmonte; HR-rep: Gwen Marshall
A male CPC controller reported that another employee told him that a female Supervisor (Repondent) had referred to him as a “white supremacist racist” during a conversation. A management inquiry produced a denial by Respondent, against the statement of the one witness who allegedly heard the comment. Management considered it a wash, and verbally counseled Respondent. [link] (see also p.5-6 of the F12-7033 Response, and p.17-18 of F10-8298 Appeal response.)

2009-0239

Reprisal . . .
AVS SupervisorNot substantiatedNo actions taken
Reported 8/2/09 — internal investigation — resolved 9/18/09
A.O.: Raymond Towles; HR-rep: Dick Fossier
An Aviation Safety Inspectr (ASI) repored that his Supervisor (Respondent) issued him a Letter of Reprimand on 7/23/09, accusing him of losing his ASI Credentials due to carelessness. The Reporting Party believes this is disparate and retaliatory treatment, related to his filing AB Case 2009-0194 in May 2009. A management inquiry did not substantiate the allegations, and generally refuted all charges. The case was closed with no action taken. [link]

2009-0241

Sexual Misconduct . . .
Terminal ATCS (3)Not substantiatedVerbal counseling
Reported 7/29/09 — internal investigation — resolved 9/2/09
A.O.: Richard Belmonte; HR-rep: Karolyn Grimes
A male developmental controller reported inappropriate comments and actions by two male CPC controllers and one female developmental controller at his terminal ATC facility. One example was the allegation that one male CPC told another male CPC, “I want to thrust my throbbing love muscle deep inside you.” A management inquiry failed to substantiate any of the allegations. However, the inquiry did reveal inappropriate behaviors and comments by the three Respondents. They were verbally counseled. [link]

2009-0244

Sexual Misconduct . . .
TechnicianSubstantiatedProposed 3-day suspension
Reported 8/7/09 — internal investigation — resolved 11/20/09
A.O.: Ed Moy; HR-rep: Karolyn Grimes
A female Manager reported receiving numerous reports that a female Technician (Respondent) hired in March 2009 was creating workplace discomfort by her inappropriate comments and actions. Five Technicians had reported their concerns to the Manager. Included was that the Respondent had kissed one of the Technicians in late May. Also included was the charge that Respondent had repeatedly engaged her coworkers in conversations about rape, including one time telling a black coworker, “I was raped by a black man.” She allegedly speaks openly about men having different penis sizes, bends over frequently to show her G-string panties, and often asks the guys to look at the area of her back where she is pointing (which she claims is sore). A management inquiry substantiated both the kiss and the conversations about rape. A 3-day suspension was proposed. [link]

2009-0257

Sexual Orientation . . .
Terminal ATCSSubstantiatedVerbal counseling
Reported 8/18/09 — internal investigation — resolved 8/15/09
A.O.: Kathryn Vernon; HR-rep: Dick Fossier
A male Acting Air Traffic Manager reported that he and other controllers were all in the tower cab at the time control was released to an Air Boss working an active AirShow. Comments were made about wearing denim shorts during the AirShow. When one employee commented that he wore denim shorts because he did not think regular shorts look good on him, a male controller (Respondent) said, “You think about stuff like that … are you gay?” Respondent was then verbally counseled. [link] (see also F11-2330 Appeal Response, p.64)

2009-0259

Sexual Misconduct . . .
ATSS TechnicianNot substantiatedNo action taken
Reported 8/26/09 — security investigation (ROI) — resolved 11/13/09
A.O.: Ed Moy; HR-rep: Karolyn Grimes
During the management inquiry into AB Case 2009-0244, a male Technician reported he observed the female Technician (Respondent) using her office PC to view photos of naked female breasts. A forensics analysis was done by FAA Security, and it revealed no such material on Respondent’s computer. The case was closed with no action taken. [link]

2009-0265

Gender . . .
Unknown (redacted)SubstantiatedOral admonishment
Reported M/D/YY — internal investigation — resolved 9/21/09
A.O.: NAME (at AVS); HR-rep: NAME
A female ASI reported she felt uncomfortable when an employee said to her, “You’re very pretty – have you ever thought about being a model?” A management inquiry substantiated the allegation, and Respondent admitted making the comment, though they were misunderstood. An oral admonishment was proposed. [Note: page one of the Case Report was missing from the F12-6967 Response package] [link]

2009-0276

Race . . .
Terminal ATCS (developmental)SubstantiatedProbationary termination
Reported 8/28/09 — internal investigation — resolved 9/2/09
A.O.: Richard Belmonte; HR-rep: Gwen Marshall
A male District Manager reported that a male ATCS developmental was in the final days of his probationary period, and was being terminated for an inappropriate workplace behavior incident that occurred on 8/28/09. In conversations, it was learned that he had an earlier incident in January 2009, when he had made a comment about “Blacks not being able to swim.” That comment had not been reported to the Accountability Board then, so it was reported to AB on 9/2/09. Respondent resigned prior to being terminated. [link]

2009-0278

Reprisal . . .
AWP: ASH employee and ASH ManagerNot Substantiated
Reported 9/23/09 — security investigation (ROI) — resolved 1/5/10
A.O.: Claudio Manno; HR-rep: Gwen Marshall
A female ASH Security employee at AWP reported on 8/12/09 that she had received a proposal for her removal from her current position. She believed that this was disparate and retaliatory treatment, motivated by her previous EEO and AB filings. She also alleged that her superiors in Security were abusing their authority and violating her rights by singling her out to track her daily activities, using closed-circuit TV surveillance cameras. A management inquiry did not substantiate the allegation. [link]

2009-0279

Sexual Misconduct . . .
Terminal ATCS (developmental)SubstantiatedProposed 7-day suspension
Reported 9/24/09 — internal investigation — resolved 11/5/09
A.O.: Richard Belmonte; HR-rep: Karolyn Grimes
A Terminal ATC Supervisor reported overhearing sexually inappropriate comments by a male developmental controller in Colorado (Respondent). He allegedly said, “You know that girl at the desk at (some location) with the big tits? I’m f*cking her!” Respondent was also the subject of a similar allegation, under AB Case 2010-0006. A management inquiry covered both AB Cases, and substantiated both allegations. A 7-day suspension was proposed. [link]

2009-0280

Gender . . .
AWP ASH Managers (3)SubstantiatedVerbal counseling
Reported 9/21/09 — security investigation (ROI) — resolved 2/12/10
A.O.: Claudio Manno; HR-rep: Gwen Marshall
Anne Breaux, Special Agent at FAA Headquarters Security & Hazardous Materials Division (ASH), reported receiving an anonymous complaint that three male managers (Respondents) at AWP Security are creating a hostile work environment. It was alleged that the three Respondents “…referred to black females within the (redacted) division and to a black female in Washington Headquarters (redacted) as ‘skanks’, and have teamed up to get rid of all employees they do not like, especially the black females in the office.” A security investigation was conducted and did not substantiate any of the charges. The inquiry did indicate that a recent substantial investigation about time and attendance fraud in the AWP ASH office produced many disciplinary actions, which might be contributing to a sense of workplace hostility. [link]………..get ROI copy

2009-0281

Gender, Religion . . .
Manufacturing Certification SpecialistSubstantiatedVerbal counseling
Reported 9/30/09 — internal investigation — resolved 10/19/09
A.O.: Ali Bahrami; HR-rep: Karolyn Grimes
An Aircraft Certification Specialist reported receiving an inappropriate email from a Manufacturing Certification Specialist (Respondent). The email had the subject line, Emirates Airlines Special 1st Class Accommodation,” and included 23 photographs of an Airbus A-380 aircraft interior. There were two additional photos; one showed a female naked from the waist up, posing as a flight attendant in First Class; the other photo showed a female wearing a burka and posing as a flight attendant in Coach. A management inquiry substantiated that the email had been sent, but also concluded that Respondent was not aware that the two inappropriate photos were included. Verbal counseling was proposed. [link]

2009-0283

Age, Gender, National Origin, Race, Religion, Sexual Misconduct . . .
ATO-W students (3)SubstantiatedProposed 3-day suspension and LoR
Reported 9/24/09 — internal investigation — resolved 10/23/09
A.O.: Ed Moy; HR-rep: Gwen Marshall
Two ATO-W students at a class at the FAA Academy reported that three other students had made numerous inappropriate comments and actions during the class. In general, the behaviors were offensive to nationalities, races, religions, and genders, and many of the comments were vlugar and sexually inappropriate. A management inquiry substantiated the allegations. A 3-day suspension was proposed for one Respondent, while a Letter of Reprimand was proposed for another Respondent who admitted his inappropriate behavior. [link]

2009-0284

Gender, Sexual Misconduct . . .
ATO-W ManagerSubstantiatedProposed 10-day suspension
Reported 9/28/09 — internal investigation — resolved 10/22/09
A.O.: Ed Moy; HR-rep: Dick Fossier
Two female employees reported inappropriate conduct by a Manager (Respondent). One female employee alleged that Respondent had passed a rumor around the office, that she had progressed to her present position by sleeping with a previous manager. Another female employee reported hearing Respondent make that comment while the two were driving back from lunch. During that lunch, Respondent had told a story about seeing a woman in an airport unaware that her bag had snagged her dress. He stated that the woman’s dress was lifted, making her naked “…from the waist down with nothing on underneath and that she was a babe.” A management inquiry substantiated the allegations and a 10-day suspension was proposed. [link]