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Four National Guard Supervisors Are Found Guilty of Malicious Retaliation
Administrative Judge Davidson Momah ordered the Air National Guard to end all paper trails and adverse personnel actions against Wynona Y. James since she filed a complaint with the agency's EEO manager in October 2002. Whistleblower James is a black management analyst who filed a complaint stating that she was targeted by her supervisors because of her race. ![]()
The Big Payback
By Daniel Pulliam dpulliam@govexec.com April 8, 2005 An Equal Employment Opportunity Commission administrative judge in Indianapolis found four Air National Guard supervisors guilty of "malicious retaliation" against an analyst by trying to brand her as a terrorist and a threat to the United States. In an injunctive relief order, administrative judge Davidson Momah ordered the Air National Guard to end all paper trails and adverse personnel actions against Wynona Y. James since she filed a complaint with the agency's EEO manager in October 2002. James is a black management analyst who filed a complaint stating that she was targeted by her supervisors because of her race . "This order will expunge all adverse security actions EEO respondents initiated pertaining to complainant's security credentials," the ruling states. Momah recommended that the four Air National Guard officials responsible for retaliating against James be demoted from their managerial responsibilities and attend EEO sensitivity training. He also ordered the Air National Guard to pay James $100,000 for compensatory damages and legal expenses. The National Guard press office did not return telephone calls seeking comment on this issue, but in the past, it has not commented on Equal Employment Opportunity decisions. According to Matthew Fogg, a Washington consultant who represented James, this case is representative of a trend of blatant reprisals within the government. "That is direct evidence of reprisal because filing an EEO complaint is a protected activity by federal law," Fogg said. "Pulling a security clearance is a very easy way for federal managers to terrorize and destroy the livelihoods of subordinate workers for any reason under the sun." Wynona James v. James G. Roche, Tennessee Air National Guard, EEOC 250-2004-00174X. National Criminal Justice Reference Service Office of Government Ethics Federal Sector Appellate Decisions malicious prosecution case decided in California Retaliation or Malicious Complaints |