Settlement reached in FEMA lawsuit

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Agency to pay $28,500 to black employee who claimed discrimination, unfair treatment

By Sally Voth -- svoth@nvdaily.com

HARRISONBURG -- The Federal Emergency Management Agency has agreed to pay $28,500 to settle a suit filed by a West Virginia man who worked at its offices in Frederick and Clarke counties.

John White, of Inwood, W.Va., filed the amended suit on April 20, claiming he was discriminated against because he was black, and then retaliated against for complaining, according to online court records.

His suit describes problems White had with his supervisor, Elisa Cruz.

Cruz asked White to write a false statement against a white co-worker in April 2009, the suit says.

"The plaintiff refused to do so and the plaintiff's supervisor began to mistreat him thereafter," it says. "The plaintiff was told that he did not have a pair of balls because he did not write the statement."

White was accused of insubordination for not meeting every day with Cruz before his scheduled start time and without compensation, according to the complaint.

He asked Cruz's supervisor, Steven McDevitt, for a transfer in August 2009. Cruz said she couldn't let him go because she didn't want to lose his position.

Two months later, White filed a complaint with the Equal Employment Opportunity Commission, unaware its office and Cruz's office are in the same building, the lawsuit says. He then learned Cruz was informed about the filing.

Among the unfair actions White says he endured were being denied the right to telecommute while recovering from surgery, although other employees were given that option; unfavorable job reviews; being forced to report to the office in the middle of a snowstorm while co-workers were allowed to work from home; and being moved to another location, the complaint says.

It says that Cruz said she'd ensure White got a job in another department if he dropped his complaint with the EEO.

"On October 1, 2010, two police officers came to the plaintiffs house and stated that someone from FEMA Headquarters called them and wanted them to give the plaintiff a hotline to call if he needed to talk because they were worried about the plaintiff hurting himself and his family," the lawsuit says. "The plaintiff considered this just another form of harassment, because this was the one year anniversary of him filing his EEO complaint and nothing had been resolved."

White was placed on administrative leave while an investigation was begun shortly afterwards.

He claims federal agents interviewed him in February after being told by Cruz and McDevitt that White was a danger and had many guns.

White was seeking $345,000, and to get his position back and a permanent injunction barring FEMA from racial discrimination.

U.S. District Judge Michael F. Urbanski dismissed the suit on Wednesday, after a settlement agreement was reached between White and FEMA, according to online court records.

That agreement denies that FEMA is liable to White. It calls for FEMA to pay him $28,500, half of which is for attorney's fees, and the majority of the rest for medical expenses.

FEMA agreed to remove disciplinary actions from White's personnel file and to not retaliate against White for any allegations in the agreement.