DOJ employee files federal lawsuit alleging systematic retaliation after refusing to withdraw discrimination complaint

WASHINGTON, DC, September 12, 2023 - A former Department of Justice employee has filed a federal lawsuit against Attorney General Merrick Garland, alleging a systematic campaign of workplace retaliation after she refused to withdraw a discrimination complaint against her previous supervisor. The complaint, filed in the U.S. District Court for the District of Columbia, details disturbing allegations of escalating retaliatory actions that ultimately led to the plaintiff's termination.

Anna Anderson, who served as a Program Operations Specialist in DOJ's Office of Justice Programs for nearly a decade with an exemplary work record, claims her supervisor Jennifer Scherer initiated a retaliatory campaign after Anderson declined to withdraw an EEO complaint filed against a prior supervisor. According to the lawsuit, Scherer explicitly told Anderson that the prior supervisor's promotion prospects could be impacted by her EEO complaint.

After Anderson refused to withdraw her complaint, she allegedly faced a series of increasingly hostile workplace actions, including:

• Deliberately poor performance ratings making her ineligible for rewards and advancement

• Assignment of disproportionately heavy workloads compared to peers

• Unjustified disciplinary measures affecting her salary and promotion opportunities

• Denial of routine leave requests, including medical leave supported by physician documentation

• Placement on multiple performance improvement plans without legitimate cause

• Ultimate termination of her employment in April 2020

The lawsuit cites compelling evidence of discriminatory treatment, including documentation from the employee union president noting that another employee who teleworked more frequently than Anderson but had withdrawn her EEO complaints was treated more favorably.

"Ms. Anderson dedicated nearly a decade of her life to serving as a federal employee, consistently demonstrating exemplary performance and unwavering commitment to her duties," says Jordan D. Howlette, the firm's managing attorney. "It is deeply troubling that she faced a series of retaliatory actions for merely standing up against race-based discrimination. No individual should ever be subjected to such treatment, especially not from an institution that is meant to uphold justice and fairness. The actions taken against Ms. Anderson by the DOJ are not just an attack on her, but an affront to the principles of justice, equality, and the very essence of civil rights. This case is not just about one individual’s experience; it is a reflection of the systemic issues that persist within our public institutions. We aim to shed light on these injustices and ensure that no other federal employee has to endure such retaliation for speaking out against discrimination."

Anderson seeks reinstatement to her position, back pay, compensatory damages, and injunctive relief to prevent similar retaliatory conduct in the future.

The case is Anna Anderson v. Merrick G. Garland (Case No. 1:23-cv-2674), filed in the United States District Court for the District of Columbia.