Discrimination And Reprisal Claims

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*. On March *, *, Ms. Kiekbusch was only allowed to attend training for the planning section team after repeatedly asking management to be relieved and allowed to go. After she was relieved, she was verbally harassed by management for leaving her post and making it a point to attend her scheduled training (ROI000073). Ms. Kiekbusch alleges that Ms. Porter and Ms. Jennings are intentionally making it difficult for her to attend these trainings as they give Ms. Kiekbusch the ability to work closely with the executive staff at FMC Rochester. Ms. Porter and Ms. Jennings have created the illusion that Ms. Kiekbusch is unreliable to the executive staff. *. On May *, *, Ms. Kiekbusch received a one-day suspension for refusing a mandate and failure to follow policy (ROI000074). Ms. Kiekbusch alleges that her supervisors were aware of her outside employment, and it was reported it on her background check for the Agency. Ms. Kiekbusch also claims that no others that I am aware of have been wrote up for not having an outside employment form on file for a position as deminimis as this. It is not clear in the code of conduct to address such a factor of requiring outside employment when past practice has allowed all others to not report unless it is listed as within ones profession, law enforcement or a blatant conflict of interest. *. On August *, *, Ms. Kiekbusch received a letter of reprimand for inattention to duty (ROI000029). Ms. Kiekbusch alleges that she never received training on the Pyxis machine during her time at FMC Rochester. I did not falsify charting or medication administration. The discrepancy in fact was another user who pulled medications out of the machine under my name. Affidavits attached as Exhibit *. *. On December *, *, Ms. Kiekbusch filed and received Workmen’s Compensation due to becoming infected with COVID *. Upon her first day back to work, December 14th, *, she left * minutes early (utilizing her sick leave) and did not need to refuse a mandate. Supervisor Jennings still wrote her up for refusing the mandate and on February *, *, Ms. Kiekbusch received an email from the Special Investigative Agent, Mr. Gallion, stating that this case was found to be not sustained (not listed within ROI). Ms. Kiekbusch alleges that Ms. Jennings intentionally wrote her up for misconduct knowing that no misconduct actually occurred. Email attached as Exhibit *. *. On December *, *, I was denied annual leave the staffing numbers were adequate (ROI000086). Ms. Kiekbusch alleges that her initial * schedule requests were denied. In outpatient nursing self-schedules and are given three choices to request not to have your days off changed. Ms. Kiekbusch was scheduled for annual leave starting on Monday, December *, *. Ms. Kiekbusch’s request #* was December *, *, #* was October *, *, and #* was December *, *. Schedule requests were due to Ms. Jennings prior to September *, *. Ms. Kiekbusch was on scheduled annual leave and returned back to work on September 19th. There was notice that the draft schedule was in the nurse’s station for staff to review. Her request #* was removed and she was placed on an additional weekend prior to her annual leave, this included December 23rd and December 24th. When she returned on the 19th, she inquired why she was not granted that request off and Ms. Jennings stated in the *-* nurses’ station, “We cannot grant everyone’s requests all the time, sometimes we need to go up the chain and schedule people.” This was not done by reverse seniority which is how FMC Rochester operates. Schedules attached as Exhibit *. *. On January *, *, I was notified via institutional email that I was not selected as the Quality Improvement and Infection Control Nurse (not listed within ROI). Ms. Kiekbusch believes that she was the best qualified applicant for this position. She believes that she been discriminated against because of her temporary job modification that took place in *. Her belief is that management does not think she could handle this position due to her medical disability of pulmonary/respiratory. I believe this is a direct correlation to my disability and it would be beneficial to see what the documentation related to this application states. She did request documentation but never received it. This was a GS-* position and would have been an increase in wages. Application is attached as Exhibit *. *. During Nurse’s Week in May of *, all nurses received a lunchbox and a pen as an appreciation gift from management. Ms. Kiekbusch also received a bracelet that was inscribed with “Nurse in Progress” inside her lunchbox (ROI000144). Ms. Kiekbusch alleges that the continued malicious and degrading treatment from Ms. Porter & Ms. Jennings is unrelentless. Ms. Kiekbusch did initially report items *, *, *, *, and * within her affidavit to Ms. Groomes (EEO Investigator) but they were not listed as specific allegations in her case. Ms. Kiekbusch is unaware as to why but believes this was done by mistake. Items * and * were initially left out of Ms. Kiekbusch’s affidavits.

The accepted claims in this matter, as stated in the Acknowledgement Order dated October *, *, are: *. The Complainant alleges that on September *, *, through November *, *, she was subjected to hostile work environment harassment when she was mandated out of order. *. The Complainant alleges that on September *, *, her supervisor would not grant her two hours of leave when others were allowed to leave early. *. The Complainant alleges that on October *, *, her supervisor would not approve her request to attend her required Planning Section Team Training.