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Openly gay whistleblower at Social Security office claims intimidation, retaliation

By   /   June 28, 2016  /   News  /   No Comments

Part 20 of 61 in the series Deadly Delays

MADISON, Wis. – In the wake of allegations of incompetence, corruption, and retaliation at Social Security disability review offices in Madison and Milwaukee, now come accusations of discrimination and reprisals against an openly gay employee in the Orland Park, Ill., Office of Disability Adjudication and Review.

Donald C. Terry Jr., a senior case technician who now works at the ODAR facility in Oak Brook, Ill., claims supervisors and staff have made his life a living hell for eight years.

Terry tells Wisconsin Watchdog that he was singled out because of his sexual orientation, threatened, and physically assaulted. And when he filed complaints, Terry said his managers pressured him to discharge the actions, ultimately retaliating against the whistleblower.

“This has been going on for so long. I have not had a decent night’s rest since I filed my complaint,” Terry said.

Photo by Twitter

‘INTIMIDATED’: Donald C. Terry, Jr., a senior case technician at a Chicago-area Social Security disability claims office, alleges he was harassed because of his sexual orientation, and then retaliated against when he filed a complaint.

Like several other whistleblowers in the Social Security Administration’s Chicago-based Region 5, Terry says he has taken his long list of complaints to the Senate Committee on Homeland Security and Governmental Affairs. That committee, chaired by Sen. Ron Johnson, has opened a formal inquiry into the conduct of ODAR operations in Region 5.

Terry said it all began within the first week he began at the Orland Park office. He claims the office director there would make inappropriate “locker room” jokes, many of them sexual in nature, some of them about “people of different lifestyles.”

“I was not openly gay (in the office) until April 20, 2013, when a (supervisor) wanted to know why my voice was different,” he recalled. “I remember her telling me that her boyfriend worked in a pizza place, and she talked about his sausage. She said, ‘How come you never respond to my conversations when I talk to you freely?’ She said, ‘I’m dating this guy and he has the amazingest sausage I’ve ever seen.”

Terry then came out to his boss, saying he did not appreciate the constant sexually inappropriate jokes around the office.

He was named as a representative to the agency’s LGBT advisory council. On March 6, 2014, a fellow employee said he overheard Terry on a phone call making offensive comments about women. Terry claims he was falsely accused and tried to explain the situation to the employee, that he was discussing LGBT council business and was saying nothing offensive about women. He has an affidavit stating as much. The employee, according to Terry, then “exploded.”

“He said, ‘I don’t want your gayness thrown in my face anymore,” Terry said. “I said, “Is this what this is all about? First of all, me being gay has no bearing on my job.’ He was very threatening. I did not feel safe.”

Terry said he attempted to leave when a group supervisor grabbed him by the forearm and told him to stay seated in the supervisor’s office.

He filed a complaint.

Later that month, Terry alleges he was confronted by a federal protection officer in the men’s bathroom. The armed guard said, “I know what’s going on in the office,” according to Terry.

“He said, ‘I am a man and you are nowhere near a man,’” Terry said.

When he told a supervisor about the confrontation, the manager asked Terry if he had correctly heard the security guard.

“The Hearing Office Director said, ‘Are you sure you heard right? You know you’ve always been oversensitive,’” Terry recalled. “That’s the mantra whenever you bring a complaint, that you are ‘oversensitive.’ It’s their way of pushing it off.”

Not long after the incident, Terry said the supervisor asked him to discharge the complaint. Again, the office director accused the employee of being “oversensitive.”

“She said, ‘Do you really want me to do a formal investigation? You have filed complaints before and you have always discharged them.’ I wanted to say, ‘That’s because management intimidates me if I don’t,’” the whistleblower said.

“She said, ‘All will be forgiven and forgotten.’ I looked at her and said, ‘What did I do wrong?’”

This time, Terry persisted. But he said he paid the price.

When he wouldn’t cave, he said, his supervisor became very short with him. Terry said his workload increased and he received harder assignments. He was told he could handle it. Other SSA whistleblowers have told Wisconsin Watchdog they received the same treatment after filing complaints.

SSA dismissed his original complaint, he said, taking the face-value word of ODAR management. So he filed an Equal Employment Opportunity complaint.

Terry took his complaint to his union, the American Federation of Government Employees. He said he was told by a representative in Minneapolis that Agatha Joseph, president of AFGE Local 1395 in Chicago, would not allow the representative to get involved.

Then, Terry said an attorney at the national AFGE office told him that he had an excellent hostile-work-environment case filed before an EEO judge. But Joseph, again, declined to get involved.

Joseph told Wisconsin Watchdog Tuesday that the union does not, as a rule, represent employees in EEO complaints. She said she was not at liberty to talk further about the union’s activity in grievances.

Whistleblowers in Madison and Milwaukee have said the AFGE has been slow to act, or worse, has covered for management in misconduct cases.

SSA spokesman Doug Nguyen, repeatedly has said the agency is prohibited from commenting on specific personnel matters.

“However, we will not tolerate harassment, retaliation or other wrongdoing, and we take aggressive steps to investigate reports of inappropriate or illegal activity and address any findings,” he said in an email.

“Part of our focus is on creating a work environment where employees have effective mechanisms to report their concerns, whether to the Office of the Inspector General (OIG) or to higher level managers, and feel safe doing so.  Misconduct – whether it be prejudice, partiality, bias, discrimination, retaliation or any other misconduct – have no place in our programs or in our workplace,” the spokesman added.

Terry was forced to represent himself. In discovery, he said SSA attorneys demanded and took his professional and personal information, including emails, Facebook posts, and tweets. Had he not acquiesced, Terry said, the agency threatened to ask the judge to dismiss the case.

“They broke into my Facebook account on my birthday while I was talking to family members about what was going on,” Terry said.

Amid the troubling allegations of sexual harassment, bribery, and retaliation at the Madison ODAR facility, managers sent out a warning memo about the agency’s technology policy.

“A user has no expectation of privacy within SSA’s computer system network, which may be monitored for all authorized purposes including but not limited to ensuring that systems use is lawful and authorized, managing systems resources, protecting against unauthorized access, and verifying security procedures,” the memo states.

In short, the agency says it has every right to monitor and seize any information from employee computers, “including personal information, placed on or sent over SSA’s computer network.” That information may be “examined, recorded, copied and used for authorized purposes.”

Meanwhile, whistleblower protection laws allow employees to report or testify about employer actions that are “illegal, unhealthy, or violate public policies,” according to the National Whistleblower Center.

RELATED: More retaliation despite investigation, Social Security office sources say

His physical and mental health compromised in the long battle, Terry said he finally threw his hands up and discharged his complaint. He was asked to do so, he said, while acknowledging he had not been under “intimidation and duress.” That, Terry said, was the saddest joke of all.

Two months after he discharged his EEO complaint, Terry said he saw his performance reviews, for the first time, drop from excellent to average. He said he was given no explanation.

“I asked, ‘Does this have anything to do with the EEO complaint?’ They said, ‘No comment,’” the whistleblower said.

“The agency is known for this,” Terry added. “They don’t let you go because you filed a complaint. They fire you because (they say) your performance slides.”

Part of 61 in the series Deadly Delays
  1. Deadly Delay: Whistleblower alleges misconduct, incompetence in Social Security office
  2. Johnson seeks answers to Social Security whistleblower’s charges
  3. Social Security disability program has plenty of problems elsewhere
  4. Social Security whistleblower placed on administrative leave
  5. Social Security disability agency has history of punishing whistleblowers
  6. Senator to Social Security Administration official: ‘I would say the system is rigged’
  7. Whistleblower: ‘I want to do my work without fear of retaliation’
  8. Social Security whistleblowers ‘coming out of the woodwork’
  9. Social Security whistleblower suspended after going public with complaints
  10. Social Security whistleblower questioned by investigators after going public
  11. Social Security whistleblower now faces firing
  12. Social Security officials not answering questions about whistleblower retaliation
  13. ‘Culture of corruption and cover-up’ alleged in Madison Social Security office
  14. Ron Johnson: We’re tracking down abuse allegations in Social Security agency
  15. Senate committee presses for answers from troubled Social Security Administration
  16. Sources: Social Security judge suspended in wake of Madison scandal
  17. Attorney seeks appeal of decisions by Social Security judge accused of ‘sexy’ comments
  18. Social Security appeals judge pleads guilty to retaliation charge
  19. More retaliation despite investigation, Social Security office sources say
  20. Openly gay whistleblower at Social Security office claims intimidation, retaliation
  21. Wheels of justice turn frustratingly slow for Social Security whistleblowers
  22. Baldwin joins Johnson in calling for ‘immediate action’ on Social Security misconduct claims
  23. Documents: Social Security judge wrote claimant was ‘rode hard and put away wet’
  24. Social Security judge investigated for harassment heading back to hearings
  25. Social Security judge accused of misconduct refuses to step aside, sources say
  26. Whistleblower at scandal-plagued Social Security office seeks restraining order against manager
  27. Whistleblower report alleges widespread waste, fraud, abuse at Social Security office
  28. Sen. Johnson to Social Security commissioner: Retaliation will not be tolerated
  29. Baldwin warns Social Security Administration not to retaliate
  30. Social Security Administration fires whistleblower
  31. Who is protecting Social Security whistleblowers?
  32. Sources: Social Security judge accused of racial, sexual remarks removed from hearings
  33. Social Security office director removed from Madison facility, sources say
  34. Senate committee probe into Social Security whistleblower retaliation continues
  35. Madison Social Security office like ‘giant dysfunctional family,’ source says
  36. Damage spreads at scandal-plagued Social Security office
  37. Fired Social Security whistleblower gets no help from federal whistleblower protector
  38. One month later, Social Security whistleblower still without job, pay, answers
  39. Federal agents stepping up investigation into troubled Social Security offices
  40. Investigation into troubled Social Security offices in a ‘holding pattern’
  41. Recent weeks bring shake-up at scandal-plagued Social Security offices
  42. Top judges resign at troubled Social Security Chicago headquarters
  43. Social Security chief judge retiring amid cloud of scandal
  44. Troubled Social Security disability claims agency promotes ‘positive organization culture’
  45. Senate inquiry into scandal-plagued Social Security offices plods along
  46. Social Security whistleblower: ‘Everything has been compromised’
  47. Sources: Social Security judge accused of sexual harassment removed from Madison office
  48. Fired Social Security whistleblower won’t be taking whistleblower protection training
  49. Letter: Social Security judge under fire granted power to decide
  50. Sources: Social Security judge accused of deciding cases on sex appeal retires
  51. Johnson seeks GAO review of alleged Social Security ‘shell game’
  52. Social Security judge demanded $65,000 expanded bathrooms
  53. Investigation finds abuse, law-breaking, no retaliation at Madison Social Security office
  54. Report: Social Security managers gambled, watched Packers at Lambeau on taxpayer dime
  55. Inspector General releases major findings of probe into troubled Social Security office
  56. Social Security whistleblower waiting for answers in privacy breach case
  57. A whistleblower’s story: Paying the price for shining a light
  58. Fired SSA employee featured in Watchdog investigation is ‘Whistleblower of the Year’
  59. Social Security whistleblower calls out agency, media in receiving award from journalists
  60. SSA whistleblowers ask, where’s the justice?
  61. Probes into troubled Social Security offices crawling along


M.D. Kittle is bureau chief of Wisconsin Watchdog and First Amendment Reporter for Watchdog.org. Kittle is a 25-year veteran of print, broadcast and online media. He is the recipient of several awards for journalism excellence from The Associated Press, Inland Press, the Wisconsin Broadcasters Association, and others. He is also a member of Investigative Reporters & Editors. Kittle's extensive series on Wisconsin's unconstitutional John Doe investigations was the basis of a 2014 documentary on Glenn Beck's TheBlaze. His work has been featured in Town Hall, Fox News, NewsMax, and other national publications, and his reporting has been cited by news outlets nationwide. Kittle is a fill-in talk show host on the Jay Weber Show and the Vicki McKenna Show in Milwaukee and Madison.