department of veterans affairs office of...

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DEPARTMENT OF VETERANS AFFAIRSOFFICE OF RESOLUTION MANAGEMENT

1575 I Street, 10th FloorWashington, DC 20005

In the Matter of the EEO Complaint of Discrimination of Mr. Michael Holt ) ) v. ) Case No: 100715 )Eric Shinseki, Secretary )Department of Veterans Affairs )810 Vermont Avenue, NW )Washington, DC 20420 )Respondent ) )Facility: Department Of Veterans Affairs ) Information & Technology Service ) Washington, DC )

The claims accepted for investigation are:

Claim A: Whether on the bases of age, disability, race (Black), and reprisal for EEO activity, (Cs#200P-005-2010103436, no formal complaint filed), the complainant was treated in a disparate manner when on November 1, 2010, the Chief of Clinical Applications, ZC, failed to provide the complainant with performance appraisal. Claim B: Whether on the bases of age, disability, race (Black), and reprisal for EEO activity, (Cs#200P-005-2010103436, no formal complaint filed), the complainant was treated in a disparate manner when on November 1, 2010, ZC issued the complainant a Letter of Warning.

Claim C: Whether on the bases of age, disability, race (Black), and reprisal for EEO activity, (Cs#200P-005-2010103436, no formal complaint filed), the complainant was treated in a disparate manner in regards to assignment of duties when on November 10, 2010, ZC removed him as the point of contact for clinical services.

Claim D: Whether on the bases of age, disability, race (Black), and reprisal for

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EEO activity, (Cs#200P-005-2010103436, no formal complaint filed), the complainant was treated in a disparate manner in regards to time and attendance when on November 11, 2010, ZC denied the complainant’s request for Leave Without Pay (LWOP).

Claim E: Whether on the bases of age, disability, race (Black), and reprisal for EEO activity, (Cs#200P-005-2010103436, no formal complaint filed), the complainant was treated in a disparate manner when on November 12, 2010, ZC denied the complainant’s request for a reasonable accommodation.

Claim F: Whether on the bases of age, disability, race (Black), and reprisal for EEO activity, (Cs#200P-005-2010103436, no formal complaint filed), the complainant was treated in a disparate manner when on December 16, 2010, Chief Information Officer, JH, placed the complainant on administrative absence pending the outcome of an administrative investigation.

Claim G: Whether on the bases of age, disability, race (Black), and reprisal for EEO activity, (Cs#200P-005-2010103436, no formal complaint filed), the complainant was treated in a disparate manner when on February 23, 2011, the complainant was terminated from employment with the agency.

Claim H: Whether on the bases of age, disability, race (Black), and reprisal for EEO activity, (Cs#200P-005-2010103436, no formal complaint filed), the complainant was subjected to harassment / hostile work environment when on:

1. November 1, 2010, Chief of Clinical Applications, Zandrew Covington (ZC) failed to provide the complainant with a performance appraisal.

2. November 1, 2010, ZC issued the complainant a Letter of Warning.

3. November 10, 2010, ZC removed him as the point of contact for clinical services.

4. November 11, 2010, ZC denied the complainant’s request for Leave Without Pay (LWOP).

5. November 12, 2010 ZC denied the complainant’s request for a reasonable accommodation.

6. December 16, 2010, Chief Information Officer, James Horner (JH), placed the complainant on administrative absence pending the outcome of an administrative investigation.

7. December 16, 2010, JH issued the complainant a proposed removal.

8. February 23, 2011, JH terminated the complainant from employment with the

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agency.

I, Mr. Michael Holt, solemnly swear/affirm that the information given in response to the following questions is true and complete to the best of my knowledge and belief.

Signature: _________________ Date: ________________

1. Please spell your complete name. Michael L. Holt

2. Do you have a representative? yes If so, please have them identify their full name. Mr David Hollander Hollander, Laebenbaun &Gannicott 1500 S.W. First ave Suite 100 Portland, Oregon, 97201

3. Please identify your position, grade and service where you were employed. IT Computer Specialist, Clinical Applications Coordinator GS-12, OI&T VISN for Portland Veterans Hospital.

4. Please identify the facility, where you are employed. Formerly employed by Portland Veterans Hosptial.

5. How long have you held this position? Requested Personnel file with employment dates but never received copy to include or ensure information placed in employee file was accurate.

6. Please identify your first and second level supervisors where you were employed.During the time employed as a Clinical Applications Coordinator my first and second line supervisors changed four times. starting with Zandrew Covington, Dr Lesselroth, Dr Douglas, James Horner and Pat Tidmarsh.

AGE Questions:

1. Please identify your age and year of birth for the record. Age 50, 08/27/1960

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2. Was Mr. Zandrew Covington aware of your age and year of birth? Yes

3. If so, how or in what manner did he become aware? Prior to working under Zandrew Covington, I performed IT On Call support for him when he worked as an AOD in charge of patient admissions.

4. When (Provide an approximate Date) did he become aware? When Director of Portland Medical Facility directly reassigned me to the Clinical Applications Department. Discussions and placement were held between former Portland Veterans Medical Center Director, Dr Douglas and Zandrew Covington.

5. Was Mr. James Horner aware of your age and year of birth? Yes

6. If so, how or in what manner did he become aware? James Horner and I had worked in Information Resource Management prior to it becoming TIMS. James Horner was the System Administrative Officer and I did IT Computer support in Vancouver in mid 1997-2000. Initially we discussed or ages and training.

7. When did he become aware? While working in the same IRM department under former Chief of IRM Perry Robertson

8. Was Mr. Mark Cecil aware of your age and year of birth? Yes, due to EEOC and AFGE Grievances filed in the past

9. If so, how or in what manner did he become aware? Filed EEOC and AFGE Grievances against Zandrew Covington, Dr Douglas and James Horner.

10. When (Provide an approximate Date) did he become aware? Formally requested all records of past EEOC and AFGE Union Grievances. But to date the EEOC and AFGE Union have refused to provide necessary documents which would successfully prove my case.

DISABILITY Questions:

1. Do you consider yourself impaired or perceived as being impaired or having a disability? Yes,

2. If so, please identify your disability or impairment for the record? Vision, Hernia, Headaches, High Blood pressure, Back problem rated by stated of Oregon

3. Was Mr. Zandrew Covington aware of your impairment? Yes.

4. If so, how or in what manner did he become aware? During first sick leave request to seek medical attention by primary Doctor. Zandrew Covington also

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chastised me for being seen at the Portland VA Medical Center after Dr Lesselroth checked me out once and wrote a prescription for antibiotic’s needed for a cold.

5. When (Provide an approximate date) did he become aware? During the initial request to seek medical attention once placed under Zandrew Covingtons supervison.

6. Was Mr. James Horner aware of your impairment? Yes

7. If so, how or in what manner did he become aware? While working in the Information Resources Department under IRM Chief Perry Robertson

8. When (Provide an approximate date) did he become aware? unclear of date due to lack of Human Resources Employee file with dates of employment in specific IRM, TIMS or OI&T departments. Formal request made to AFGE Union and also Human Resources for Employee files and all prior Grievances. But to date haven’t been provided.

9. Was Mr. Mark Cecil aware of your impairment? Yes.

10. If so, how or in what manner did he become aware? During AFGE Union initial Grievance over 10 day suspension, later turned into a 14 day suspension with documents being used for my removal which were supposed to be never entered into my employee file according to AFGE Grieved Case regarding 14 day suspension and Dr Douglas report of a paper towel incident which supposedly occurred 30 days prior to being reported.The AFGE Union refuses to provide any documents pertaining to prior grievances filed which would show intentional wrong doing by the Portland VA Management Staff.

11. When (Provide an approximate date) did he become aware? Date of first AFGE Union Grievance filed against Zandrew Covington.

12. What are the limitations that this impairment imposes? Impaired vision, limited lifting, setting and standing.

13. Are there any major life activities that are limited because of your impairment? If so, what are they? Bright sunlight, Night driving, Heavy lifting.

14. To what degree are you major life activities impaired? slightly, moderately, substantially? Moderately, because of impairments prior activity’s are no longer done, like riding a bicycle, motorcycle or weightlifting.

15. Does medication, artificial or assistive devices or compensating behaviors reduce or eliminate the limitation caused by your impairment? Yes,

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16. If yes, to what extent? The medication reduces blood pressure and lowers stress levels.

17. Does the medication produce any side effects that interfere with or limit your ability to do the job in question? During the past three years some medication prescribed did cause side effects like diarrhea and nausea which I reported to my first line supervisor Zandrew Covington. 18. Were there any other jobs in the same class of jobs that you could have performed notwithstanding your disability, either within the VA or outside of the VA? If yes, what are they? Yes, IT Analysis, IT Back Office Analysis and PACS Manager, Information Security Officer.

19. Did you meet the experience and/or educational requirements for your position? Yes.

20. Please identify the essential job functions that you performed as a Veteran Service Representative. Project Management, Lead CAC Implementation person,Mental Health Clinical Applications Support. Pulmonary Functions implementation manager, CP Hemo Dialysis Implementation and application developer. Clinical Patients Records Systems IT applications support.

21. Were you performing all of the essential job functions at a fully successful level without the need for accommodation? Yes, until I start having High blood pressure problems, headaches and narrowing vision caused by Higher then normal blood pressure.

22. If not, which of the essential job functions were you unable to perform? Why?

23. Were you able to perform the essential functions of your position without endangering your health and safety of the health and safety of others? Yes

24. In this event, was an individualized medical assessment done that took into account the duration of the risk, the nature and severity of the potential harm, the probability that the potential harm will occur, and the imminence of the potential harm? If not, why wasn’t one done? Unclear, don’t know.

25. Did you request a reasonable accommodation? Yes.

26. When was it requested? Twice, prior to being fired with request for representation AFGE Union and Attorney.

27. Did the request provide notice that some type of adjustment or change at work was required, as well as the identification of the medical impairment

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necessitating the change or adjustment? Yes, Primary Doctor Karen Ofa wrote a note requesting I also be moved from under Zandrew Covington, Dr Douglas and James Horner due to continued harassment during father death. In which management refused to grant FMLA or change my work schedule prior to death of father I was taking care of and had provided all necessary documents on.

28. Did you hold any discussions w/ management concerning the request? What was discussed and with whom? Yes, James Horner and Zandrew Covinngton. I asked for AFGE Union representation and my attorney be present. No date was ever scheduled prior to being terminated.

29. Did you have to obtain additional information? Did you do that? What happened afterwards? Yes, Dr Karen Ofa and Keizer’s disability’s department wrote letters which I hand carrier and delivered to Zandrew Covington and James Horner.

30. What alternative accommodations were available that would have been effective in responding to and overcoming your limitations and enabled you to satisfactorily perform the essential functions of the position? Being moved out of a hostile work environment.

31. How did management finally respond to the request for accommodation? it was denied.

32. Was an offer made? No

33. What was it? N/A

34. When? N/A

35. What was your response? Asked for explanation since we had never scheduled a date to discuss the need for reasonable accomdations.

36. (Undue hardship?) (significant difficulty or expense)? It caused undue hardship because the harassment by Zandrew Covington became worst. He started calling my home if he didn’t see me setting in my office at 08:00 am. by 08:05 am Zandrew Covington would call my home. So if I was at work at 08:00 am but, away from my office in the bathroom he would call my cell phone and tell me I needed to be in the office. Zandrew Covington never called any of the other employees under his supervision if they weren’t at their desk in the morning and sometimes didn’t know if other employee’s were even coming to work that day because they weren’t required to call in.

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RACE Questions:

1. Please identify your Race? Black

2. Was Mr. Zandrew Covington aware of your race? Yes

3. If so, how or in what manner did he become aware? Unclear, by view.

4. When (Provide an approximate date) did he become aware? First time we met.

5. Was Mr. James Horner aware of your race? Yes

6. If so, how or in what manner did he become aware? First time we met

7. When (Provide an approximate date) did he become aware? First time we met

8. Was Mr. Mark Cecil aware of your race? Yes

9. If so, how or in what manner did he become aware? First time we met

10. When did he become aware? First time we met

REPRISAL Questions:

1. Have you participated in some form of prior EEO protected activity? Yes

2. If so, how did you participate(i.e. participated in any stage of the EEO complaint process as a Complainant, witness, etc, a representative, participation activities that encompass informal and formal complaint stage, opposition activities such as allegations of prohibited discrimination made in letters to Congress or newspapers, etc) As a complainant against Zandrew Covington, Dr Douglas and James Horner.

3. When (Provide an approximate date) did you participate? I requested every filed complainant to AFGE Union and EEOC with cases on record to provide a clear picture of the hostile work environment. But to date both the EEOC and AFGE Union have refused to comply.

4. Was Mr. Zandrew Covington aware of your prior EEO activity? Yes

5. If so, how or in what manner did he become aware? I filed against Zandrew Covington, Dr Douglas and James Horner unfair labor practices.

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6. When (Provide an approximate date) did he become aware? During first EEOC Grievance.

7. Was Mr. James Horner aware of your prior EEO activity? Yes.

8. If so, how or in what manner did he become aware? During first EEOC Grievance.

9. When (Provide an approximate date) did he become aware? During first EEOC Grievance.

10. Was Mr. Mark Cecil aware of your prior EEO activity? Yes,

11. If so, how or in what manner did he become aware? Discussions with Dr Douglas, Zandrew Covington and James Horner.

12. When did he become aware? Discussions with Dr Douglas, Zandrew Covington and James Horner.

Harassment Questions:

1. Does the facility have a harassment policy? If so, Yes

2. What does the policy indicate you should do if you believe that you are being harassed? Report it.

3. What is management’s responsibility under the anti-harassment policy?Harassment will not be tolerated.

WITH RESPECT TO CLAIM A &H1; Performance Appraisal:

1. Please confirm that Mr. Covington was the individual responsible for providing you with your performance appraisal. I believe so.

2. Provide the date you were to receive your performance appraisal? unclear for the period of time.

3. What reason was provided to you for not providing you with your performance appraisal? Initially none, Zandrew Covington stated that he wouldn’t rate me or pay for part of my trip to Washington D.C even though I was invited by VA

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Headquarters.

4. Why was not receiving your performance appraisal while you were out on FMLA unacceptable to you? The reason steamed from the last Performance Appraisal which was Grieved by AFGE Union and supposedly settle with CIO Mr Cecil ordering Zandrew Covington to rewrite and include employee self assessment of work performed which Zandrew Covington refused to complete.

5. Are you aware of a coworker, a Similarly Situated Individual (SSI) who (was out on FMLA) but was issued a performance appraisal? Not being a supervisor I wouldn’t have access to that information.

6. If yes, please identify this coworker by First and Last Name? Not being a supervisor I wouldn’t have access to that information.

7. What is the age and year of birth of this individual? Not being a supervisor I wouldn’t have access to that information.

8. What is the disability status of this individual? Not being a supervisor I wouldn’t have access to that information.

9. What is the race of this individual? Not being a supervisor I wouldn’t have access to that information.

10. What is the EEO activity of this individual? Not being a supervisor I wouldn’t have access to that information.

11. Please explain how or in what manner this individual was treated differently than you? Not being a supervisor I wouldn’t have access to that information.

12. Why do you feel that your age was a factor in not receiving a performance appraisal? Yes, age, color and retaliation for AFGE Union grievance filed.

13. Why do you feel that your disability was a factor in not receiving a performance appraisal? Unclear, don’t know

14. Why do you feel that your race was a factor in not receiving a performance appraisal? Because all of the other CAC’s under Zandrew Covington have received continued high rating performance appraisals and monetary awards. while simply performing their jobs. And even though the Clinical Applications Position descriptions are the same the department was split with only certain individuals having access need to do the complete job.

15. Why do you feel that your previous EEO activity was a factor in not receiving a performance appraisal? Because management sought to terminate me rather then reassign me to another department.

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16. How or in what manner did this event create a hostile work environment for you? Other employees were told to which and note anything I did and report it back to management. Zandrew Covington, Dr Douglas and James Horner told others to inform them of any activity or request I made for help on projects. Zandrew Covington, Dr Douglas and James Horner begin to micro-manage me but, not any of the other CAC’s who were allowed to change their work schedules and leave without giving prior notice. Some CAC’s were allowed to work from home. Projects I had created were taken and assigned to other CAC’s along with credit for my work.

17. Why do you feel that because of your protected bases, you were harassed and discriminated against in relation to this event? Because others in the same Job description under Zandrew Covington, Dr Douglas and James Horner were treated differently when requesting FMLA, Sick Leave, Leave or time off. Management never denied any of the other CAC request for “Time Off, FMLA, Sick Leave, Annual Leave or LWOP.

18. Management contends that you had been out for an extended period of time, though you had come to work sporadically during this period, you were issued a memorandum explaining that your FMLA had been approved and requested an extension to allow Mr. Covington time to evaluate you properly. You were not evaluated because Management would need you to be back at work for 90 days in order to be properly evaluated. Please address

Initially Zandrew Covington did not approve my request for FMLA and denied it. CIO James Horner stated he had no knowledge of a request for FMLA being approved and said he would have to talk to Zandrew Covington. Znadrew Covington and James Horner then requested assistance from Human Resources Penny Mathis who then stated the FMLA Forums were completed wrong. But, as previously mentioned “Zandrew Covington had initially provided the wrong FMLA request forums to begin with and hadn’t told anyone I had requested it. I contacted my primary Doctor Karen Ofa, who wrote the Keizer disability’s ratings department and they furnished their state forums necessary for approval.Zandrew Covington initially provided me the wrong forums Doctor Karen Ofa filed out and returned.

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WITH RESPECT TO CLAIM B &H2; Letter of Warning:

1. When (Provide a date) did you become aware that you were being issued a letter of Warning? Sorry don’t have exact date on hand.

2. How or in what manner did you become aware that you were being issued a letter of Warning? I was asked to come into a office a given it.

3. What justification was provided to you for being issued a letter of Warning? Unclear.

4. Were you is absent for 1577 hours, 38-40% of work hours for two years? No, I believe the number of absents and total number of missed hours are wrong and further violated the Veterans Hospital and AFGE Union bargaining agreement for employees and number of days management can use against an employee. If reviewed total number of hours being reported will reflect a longer period of time then being presented

5. Why was being issued a letter of Warning unacceptable to you?Because I had followed Zandrew Covington’s orders and the Policy’s and procedures in place for requesting sick leave, LWOP and Annunal Leave

6. Have you previously been issued a letter of Warning?

7. If so, when(provide a date)? No

8. What were the circumstances surrounding this previous letter of Warning?

9. Did you discuss the letter of Warning in this event with the charging official?

10. If so, when(provide a date)?

11. What was discussed?

12. What was the outcome of the discussion?

13. Did you discuss the letter of Warning with any Management officials or with Human Resources?

14. If so, with whom?

15. When (provide a date) did the discussion occur?

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16. What was discussed?

17. What was the outcome of the discussion?

18. Are you aware of a coworker or a Similarly Situated Individual (SSI) who (had been absent for 1577 hrs) but was not issued a letter of Warning? Not being a supervisor I wouldn’t have access to that information.

19. If yes, please identify this coworker by First and Last Name ? Not being a supervisor I wouldn’t have access to that information.

20. What is the age and year of birth of this individual? Not being a supervisor I wouldn’t have access to that information.

21. What is the disability status of this individual? Not being a supervisor I wouldn’t have access to that information.

22. What is the race of this individual? Not being a supervisor I wouldn’t have access to that information.

23. What is the EEO activity of this individual? Not being a supervisor I wouldn’t have access to that information.

24. Please explain how this individual was treated differently than you? Not being a supervisor I wouldn’t have access to that information.

25. Why do you feel that your age was a factor in receiving a letter of warning? Because of the Hostile Work Environment created by Zandrew Covington, Dr Douglas and James Horner.

26. Why do you feel that your disability was a factor in receiving a letter of warning? Because of the Hostile Work Environment created by Zandrew Covington, Dr Douglas and James Horner. And because other CAC’s were treated totally different getting request approved. No other CAC had his office door knocked on all day long to ensure he was in his office. Even though the job requires CAC’s to move throughout the VA hospital and service departments. Zandrew Covington and James Horner told me to inform them of my every move while implementing applications under their supervision while the other CAC’s were given latitude to complete assignments without harassment.

27. Why do you feel that your race was a factor in receiving a letter of warning? Because other OI&T employees were given second chases but, I wasn’t.

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28. Why do you feel that your previous EEO activity was a factor in receiving a letter of warning? Because I filed several EEOC complainants against Zandrew Covington, James Horner and Dr Douglas.

29. How or in what manner did this event create a hostile work environment for you? Zandrew Covington, James Horner, Dr Douglas begin to micro manage everything I did or didn’t do. They also informed the other CAC’s to document anything said or done by me even though I don’t have a criminal history or violates on any records with Federal or Portland Police.

30. Why do you feel that because of your protected bases, you were harassed and discriminated against in relation to this event? Unclear

31. Management contends that they explained to you that they would not issue any more Leave Without Pay because from October 2008 to October 2010, you had been absent for 1577 hours, almost 40% of work hours for two years. Please address. Please review prior response.

WITH RESPECT TO CLAIM C &H3; removing Complainant as point of contact for Clinical Services

1. Tell me about the circumstances involving this claim and briefly explain what was involved in being a point of contact for clinical services. Initially I created several new automated processes to improve patient care and streamline their data being placed into the electronic medical record. Zandrew Covinngton would assign me as the initial CAC point of contact for applications integration and implementation. But, once I had done most of the work Zandrew Covington would either take over or assign another CAC even though they weren’t familiar with the processes.

2. Did management provide you any reasons as to why you were removed as the point of contact for clinical services? No, I found out through a employee and department I was supporting. I then sent Zandrew Covington an email requesting clarification on CAC Point Of Contact for Services.

3. If so, what? None

4. Who said this? 5. Why did you find this unacceptable? No reason was provided.

6. Did you discuss this with anyone? else, no

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7. If so, with whom? N/A

7a. When provide a date? N/A

8. What was discussed? N/A

9. What was the outcome of the discussion? N/A

10. Are you aware of any other coworkers or similarly situated individuals (SSI) who were treated better than you by management in that they were not removed as point of contact for clinical services under similar circumstances?

11. If so, identify them by First and Last Name and provide circumstances? Not being a supervisor I wouldn’t have access to that information.

12. Please provide their age and year of birth? Not being a supervisor I wouldn’t have access to that information.

13. Please provide their disability status? Not being a supervisor I wouldn’t have access to that information.

14. Please provide their race? Not being a supervisor I wouldn’t have access to that information.

15. Please provide their previous EEO activity? Not being a supervisor I wouldn’t have access to that information.

16. Why do you feel that your age was a factor in this event? Unclear, other CAC had never been treated like this even when service requested they be removed.

17. Why do you feel that your disability was a factor in this event? Unclear, no other CAC was ever treated like this.

18. Why do you feel that your race was a factor in this denial? Unclear, no other CAC was ever treated like this. I am the only black in the department Zandrew Covington is of mixed decedent “Bio Racial” like my “Kids”. nothing more meant.

19. Why do you feel that your previous EEO activity was a factor in this denial?

20. Why do you feel that because of your protected bases, you were harassed and discriminated against in relation to this event?

21. Management contends they requested you to follow up on a project that only you and Mr. Covington had access to. Mr. Covington learned that you had not shown up to work during the period that he was away, and he left voice mail messages for you. While on leave, Mr. Covington was tasked with trying to

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coordinate the project using two cell phones so that patient care would not be impacted and this is in part reasoning behind removing you as the point of contact. Please address this.

WITH RESPECT TO CLAIM D &H4; Denial of LWOP

1. Briefly tell me about the events leading to this event.

2. When (Provide a date) did you initially request leave?

3. In what manner did you make the request for LWOP? (verbally, Austin IFCAP – electronically)

4. What Policy and procedure are you to follow when requesting leave without pay- LWOP?

5. Did you follow this Policy/procedure?

6. If not, please explain why you did not follow this Policy/procedure?

7. What justification were you given for this denial?

7a. Please identify the individual that provided the justification for the denial?

8. Why was this unacceptable to you?

9. Did you explain this to Mr. Covington?

10. If you failed to notify management why this was unacceptable, why not?

11. Were you the only person subjected to such action?

11a. If not, please identify?

12. Can you identify a co-worker, a Similarly Situated Individual (SSI) who’s LWOP was not denied under similar circumstances?

13. If so, please identify by First and Last name and provide circumstances?

14. Provide their age and year of birth?

15. Provide their disability status?

16. Provide their race?

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17. Provide their EEO information?

18. Why do you feel that your age was a factor in this denial?

19. Why do you feel that your disability was a factor in this event?20. Why do you feel that your race was a factor in this denial?


22. Why do you feel that because of your protected bases, you were discriminated against and harassed in relation to this event?

WITH RESPECT TO CLAIM E &H5; Denial of Complainant’s Reasonable Accommodation Request

1. Is there a Reasonable Accommodation Committee (RAC) at your facility?

2. What is your understanding of it and how the RAC is used to determine the acceptance or denial of a reasonable accommodation request?

3. Can you briefly describe your understanding of the reasonable accommodation policy?

4. Were you trained on this policy?

5. What does the policy indicate a management official should do when they are asked for a reasonable accommodation?

6. Did management follow this policy? Why or why not?

7. To whom did you make this request for reasonable accommodation?

7a. When did you make this request, provide a date?

8. In what manner did you make this request? – Verbally, formal RA request form?

9. Did you submit a reasonable accommodation request that went to the reasonable accommodation committee (RAC)?

10. Was it processed? If not, why not?

11. Did your physician state what you needed?

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12. Was some type of accommodation offered to you?

13. Did you accept this?

14. If not, why not?

15. Why do you feel that this was unjustified?

16. What type of accommodation do you feel would have been acceptable?

17. Who signed the letter denying you reasonable accommodation?

18. What justification were you given for this denial?

19. Can you identify a coworker or a Similarly Situated Individual (SSI) who was treated better than you under similar circumstances?

20. If so, please identify by First and Last name and provide circumstances?




24. Provide their EEO information?

25. Why do you feel that your age was a factor in this event?

26. Why do you feel that your disability was a factor in this denial?

27. Why do you feel that your race was a factor in this denial?


29. Why do you feel that because of your protected bases, you were discriminated against in relation to this event?

30. Management contends that a letter was issued to you on November 16, 2010 notifying you that you failed to provide sufficient medical documentation. Specific information was requested of you and you were advised that once the documentation was received, a determination would be made; however you did not comply. How do you respond?

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WITH RESPECT TO CLAIM F &H6; Complainant placed on Administrative Absence

1. Briefly explain what the administrative investigation was about. Not Sure

2. Tell me what happened prior to being placed on Administrative Absence pending the outcome of an Administrative Investigation.

3. Previously, what protocol did you follow when reporting the agency for security breaches with Microsoft documents that contained patient information? Told direct Supervisor Zandrew Covington, ISO Delenna Gilbride amd CIO Dr Douglas prior to going up the chain of command.

4. Did you comply with all procedural prerequisites during time as Clinical Applications IT Specialist with respect to your job duties? Yes

5. If not in this case, explain why this was different?

6. When (Provide a Date) were you notified that you were being placed on Administrative Absence pending the outcome of an Administrative Investigation? Answered in prior question

7. How or in what manner were you notified of this? Answered in prior question

8. What justification was provided to you for being placed on Administrative Absence pending the outcome of an Administrative Investigation?

9. Identify the specific reason(s) why the Responding Management Official (RMO) took the action? Do Not Know?

10. Explain in detail why this was unacceptable to you? Termination of a 40% Veteran for doing his job.

11. Did you discuss being placed on Administrative Absence pending the outcome of an Administrative Investigation with the deciding official? If so, No

a. Who did you speak with (Provide first and last name)?

b. When (Provide a date)?

c. What was discussed?

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d. What was the outcome of the discussion?

12. Did you discuss being placed on Administrative Absence pending the outcome of an Administrative Investigation with any Management officials or with Human Resources? If so,

e. Who did you speak with (Provide first and last name)?f. When (Provide a date)?

g. What was discussed?

h. What was the outcome of the discussion?

13. Did you respond to the being placed on Administrative Absence pending the outcome of an Administrative Investigation in writing?

14. What was the outcome of your response to being placed on Administrative Absence pending the outcome of an Administrative Investigation?

15. Why was it unacceptable for you to have been placed on Administrative Absence pending the outcome of an Administrative Investigation?

16. Are you aware of a co-worker, Similarly Situated Individual (SSI), who was treated more favorably as it relates to this event?

17. If so, Identify this person by First and Last name and provide circumstances?




21. Provide their EEO status?

22. Please state how they were treated better than you.

23. Why do you believe that you were harassed and discriminated against because of your protected bases in relation to this event?

24. Please explain how your age, race, disability and prior EEO activity became a factor in management’s decision to place you on Administrative Absence pending the outcome of an Administrative Investigation.

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25. Did Management ever indicate that it was normal protocol to place an employee on Administrative Absence pending an investigation?

26. Management’s contention that placing you on Administrative Absence was normal protocol? Please address.

27. Management contends that you were paid while on Administrative Absence. Please address.

WITH RESPECT TO CLAIM G & H7-8; Proposed Removal and Termination

1. Were you serving in a probationary or trial period? No

2. In what manner were you notified of the proposed removal? Ask to come to James Horners Office.

3. What justification was provided for your proposed removal from employment? Administrate Hearing regarding no evidence of any wrong doing except working under Zandrew Covington, James Horner and Dr Douglas.

4. Was the Management official responsible for your proposed removal the same individual who previously hired you? No

6. If not responsible, who hired you, please identify by First and Last Name? The former Direct of the Portland VA Medical Center directly reassigned me to that department after leaving Radiology as the former PACS Manager.

7. When (Provide a date) were you hired?

8. Did you present an Oral / Written response? Attorney David Hollander responded.

9. If so, to whom did you present this response? CIO Mr Cecil.

10. What was the outcome of your response? Termination

11. Why was this unacceptable to you? Because it violated AFGE Bargaining Unit employees rights to fair and equal work place for federal and government employees.

12. Why do you believe that your explanation to the events outlined in the proposed removal was not accepted by Management officials?

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13. How and when did you learn that your employment was being terminated? After I sent a certified return letter requesting a date to return to work because CIO Mr Cecil hadn’t responded with a decision to terminate.

14. Was any Policy or procedure cited by Management to support the decision?

15. What were the reasons cited in your letter of termination?

16. Why do you feel that you should not have been terminated?

17. Why was the termination of your employment unacceptable to you?

18. Are you aware of a coworker or Similarly Situated Individual (SSI) who had had been charged with failure to follow instructions, leave procedures and of inappropriate conduct but did not receive proposed removal and was not terminated from employment? If so,

19. Please identify the individual provide First and Last name.




23. Provide their EEO activity?

24. Why do you feel that you were harassed and discriminated against because of your protected bases in relation to these incidents?

25. Management contends that on June 17, 2010, your supervisor asked you to contact Dr. Eisenberg and arrange time to provide training. You responded Sorry but due to other assigned work I’ve requested Mr. Covington to assign another Clinical Application Coordinator (CAC) to complete Dr. Eisenberg’s training. Please address? Dates were changed by the doctor and service then listed on CAC sharepoint web site. But because Zandrew Covington didn’t see the scheduled meeting he assumed I hadn’t done iot.

26. Management contends that on September 8, 2010, Mr. Covington asked you to coordinate with Nicole Holmstrand to meet with Dr. Aziz. You made arrangements to train Dr. Aziz on September 9, 2010, however, you failed to report to duty or make arrangements for someone to cover the class. Please address? I called and requested Leave due to medication being changed by primary Doctor Karen Ofa. Once I called in wasn’t it the supervisors responsibility to cover the

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assignment. Zandrew Covington again shows differing treatment because with other CAC’s it was never an issue over who trained anyone, expect for me.

27. Management contends that on September 9, 2010, September 10, 2010, September 27, 2010, and October 28, 2010 you did not report to your duty station or request leave and were charged AWOL. Please address? I have always called in and have T-mobile phone records I can provided

28. Management contends that on June 22, 2010, coworkers witnessed you yelling at Mr. Covington and it was alleged you stated to him “you were practically yelling at me in there, but now that it’s just us, you won’t say shit” or similar words. Your volume, tone and behavior alarmed coworkers causing concern for their personal safety. Please address? I was on FMLA leave not at the VA Hospital.

29. Management contends that on September 8, 2010, you made statements in effect to a coworker “these guys don’t know what I did in the military; I am an expert marksman for God’s sake. Maybe I should just start hanging outside people’s houses.” Your comments were viewed as a threat, causing concern for personal safety. Please address? The conversation was taken out of context to suit managements attempt to discredit.

Concluding Questions:

1. Overall, when considering all of the incidents that you attributed to a hostile work environment, how did this impact you? Your career? Your salary?

Dr Douglas, Zandrew Covington and James Horner made working there impossible. All requested training to advance my career was denied. Zandrew Covington told me I should be happy being a GS-12 with limited education.I could do no right even though I was invited as outstanding among my peers to VA Headquarters for new innovations and concepts I had created. Stopped potential earnings due to lack of training.

2. If I were able to resolve this complaint, what are you seeking in terms of resolution? A letter for right to SUE, I no longer wish to go back and think it would be more of the same.

3. Is there anything in my questioning that I may have overlooked or anything relevant that you wish to add at this time, that pertains to the accepted claims?Please note: Request for all prior AFGE Union grievances against Zandrew

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Covington, Dr Douglas, James Horner and Mr Cecil were not supplied. The AFGE Union President refuses to release the records which prove Zandrew Covington did not follow CIO Mr Cecils order agreed on by AFGE Union to rewrite my prior performance appraisal. Also please note: Request for EEOC files were also not provided prior to attempting to complete this

The above information has furnished without a pledge of confidence and I understand that it may be shown to the interested parties of this complaint.

This statement is made under penalty of perjury, this ____day of _______, 2011.

_________________________________________________(Affiant’s signature)

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