WASHINGTON – Sen. Chuck Grassley, chairman of the Judiciary Committee, and Sen. Ron Johnson, chairman of the Committee on Homeland Security and Governmental Affairs, are asking the U.S. Department of Veterans Affairs to respond to allegations of severe retaliation of a Phoenix VA Health Care System whistleblower who reported serious patient wait list improprieties at the facility. The retaliation allegations include relocating the whistleblower to a closet without proper air conditioning for almost two years, unlawful access of his medical records and discussion of his health history, verbal and physical threats of violence and bullying, a rescinded promotion, the vandalizing of his car, and an ordered appearance before a review board in an apparent attempt to fire him.
“If true, these reported instances of whistleblower retaliation are unacceptable and must stop,” Grassley and Johnson wrote to VA Secretary David Shulkin. “For the past two years, Mr. [Kuauhtemoc] Rodriguez has made highly effective whistleblower disclosures of systemic, lethal patient neglect, and mistreatment. It appears that as Mr. Rodriguez made effective and accurate disclosures to proper oversight channels, he was retaliated against with increasing severity.”
Grassley and Johnson wrote that Rodriguez “seeks a simple, fair, and equitable remedy, to include a transfer to a new facility where he will be free from retaliation.” They asked for a briefing by VA staff to the committees on Rodriguez’s treatment, on why the VA has subjected him to an Administrative Investigation Board inquiry in a possible attempt to fire him and what steps the VA plans to take to remedy the alleged retaliation he has faced. In advance of the briefing, they asked for all documents and communications related to the Administrative Investigation Board inquiry, what actions will be taken against as many as 20 Phoenix VA employees and supervisors who reportedly retaliated against Rodriguez, and how the VA’s Office of Accountability and Whistleblower Protection has been working to interface with current VA whistleblowers and improve whistleblower services.
Grassley and Johnson noted that as founding members of the Senate Whistleblower Protection Caucus, they “are committed to ensuring that federal agencies treat whistleblowers fairly and do not tolerate whistleblower retaliation.” They wrote that federal employees have a legally protected right to report suspected cases of waste, fraud, and abuse to Congress and other entities. “Federal agencies, for their part, are required to prevent prohibited personnel practices, including reprisal for whistleblowing, and are prohibited from retaliating against employees who file whistleblower complaints or cooperate with related investigations,” Grassley and Johnson wrote.
The Grassley-Johnson letter is available here.
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