(Agency Use Forma) Complamt of Discriminauon Agency Docket No 7 1 '2 gnpresgmw ES M) [Cont/nae Wm. Na Inc-low) '13 Addressans/ude'cmsfiagzg; Narrsoilleprei' 21: A my/sraxyz 5 7/ 7 9' fir!) 3st '32 Namoe < i . . 8. Have you discussed your complaint w1th an EEO counselor? (Check one) YES {Fill in information below? El NO (Continue with No. 9) l1 Name of Counselor: - ill"? .7 a" ?1 Date of Initial EEO Contact: ,5 . 1 Date ofFinal InterviewExplain speci?cally how you were discriminated against, that is, treated differently from other employees or applicants because of your race, color, religion, 58X, national origin, age, mental or physical disability, or reprisal. If your complaint involves more than one allegation, list and number each allegation separately and furnish speci?c, factual information in support of each. Include basis/es - see No. 7 above (Use additional sheets if necessary) ?i a: if =3 Allegation No. l: [5:5 :35 is?? 6? 10 What speci?c corrective action do you want taken on your complaint? (If your complaint involves more than one allegation, state corrective action desired for each separate allegation.) l-l. According to the allegation(s) described 1n No.9 above, have you: if") l:l ?led a grievance through the negotiated grievance procedure? If so, date ?led. El ?led an appeal with the Merit Systems Protection Board? If so, date ?led: ., fly 3-) El ?led a civil action in US. District Court? If 50, date ?led: 12. Signature of Complai?ant 13. Date Signed rose TED a VTHEATIITY - Jew-kw: ram-.31: sag-79.5.3515: gim?a?umz?mwrj?ylw WW4. - lira-=3 all mantras;- 1' {"53 5'55 1?W4?W?w??m at"? ?ii?'3 {Jail-1 ?33- 14a. Received by: 15. Complaint was: El Mailed: Postmark date: (Signature) i Receipt date: b. Typed Name and Title: Cl Hand-delivered: c. Activity Name and Address: i Receipt date: Comm d. Telephone (lnclude Area Code) DSN: i OCPM 12713l2 Formal EEO Complaint of Mr. Kevin Albert Complaint DON docket no. Paragraph 9: Mr. Kevin Albert has been subjected to disability discrimination by the Department of the Navy during the 45 days prior to June 19th, 2017 and since June 19th, 2017 through the present, including but not limited to September 25th, 2017. This discrimination has been due to Mr. Kevin Albert?s medical disabilities of Reactive Airway Disease, Vocal Cord Dysfunction, Irritable Larynx PTSD, Stress, Anxiety and Acute Respiratory Disease. This is due to the initial exposure to chemicals including, but not limited to chlorine gas and the ongoing exposure to chemicals and industrial?metals. Mr. Kevin Albert has been subjected to discrimination based on his medical disabilities when he was required to work in what was supposed to be a closed loop system protecting against the release of chlorine gas upon Mr. Kevin Albert and his co?workers. Unfortunately, the Department of the Navy Operated the system as an open loop system which allowed the chlorine gas to escape and cause severe physical and harm to Mr. Kevin Albert and his co- workers. These medical have resulted in Mr. Kevin Albert having extreme dif?culty breathing and Mr. Albert is unable to suf?ciently breathe in the workplace without using an emergency rescue inhaler. Mr. Kevin Albert requested accommodated work from the Department of the Navy to accommodate Mr. Albert?s medical conditions but to date since August 13th, 2016 when Mr. Kevin Albert was sent home by the Department of the Navy the Department of the Navy has not offered Mr. Kevin Albert any accommodated work away from the industrial gases and heavy metals which severely exacerbate Mr. Kevin Albert?s breathing dif?culties. The Department of the Navy has therefore failed to accommodate Mr. Kevin Albert from August 13th, 2016'to the present, including but not limited to during the 45 days prior to June 19th, 2017, and continuing onward through the present. After Mr. Kevin Albert continually requested accommodation for his medical conditions in the fall of 2016 through and into the fall of 2017, including but not limited to during the 45 day period prior to June 19th, 2017 and through the present the Department of the Navy has failed to accommodate Mr. Kevin Albert?s medical disabilities. Indeed as of June 2017 to the present the search for accommodated work for Mr. Kevin Albert had not even been initiated orcompleted by the Department of the Navy. As of mid October, 2015 through the present Mr. Kevin Albert has not been medically accommodated for his physical disabilities by theDepartmerit of the Navy. After Mr. Kevin Albert ?led an EEO complaint on June 19th, 2017 regarding the disability discrimination and failure to accommodate imposed upon him, the Department of the Navy has retaliated by not accomadating Mr. Albert?s medical disabilities and by nOt ?nding work accommodating Mr. Kevin Albert?s disabilities outside of PSNS and IMF. Mr. Kevin Albert has been subjected to a hostile work environment since he requested accommodation for his medical disabilities during the 45 days prior to June 19th, 2017 and also from mid?October 2015 to the present. Mr. Kevin Albert has also been subjected to a hostile work environment from June 19, 2017 through the present, including but not limited to June 25th, 2017 after Mr. Kevin Albert ?led an EEO complaint on June 19, 2017. Mr. Kevin Albert has also been subjected to a hostile werk environment for blowing the whistle at the ?time he complained of the massive leak of chlorine gas into the workplace. Mr. Kevin Albert has seen numerous co-workers suffer signi?cant injuries and health effects ?'om the chlorine gas and heavy metals leaked into the air at the PSNS and IMF. Mr. Kevin Albert has seen the effects of the release of the chlorine gas and heavy metals upon his co? workers including two of his co?workers dying of Colon cancer and one co-worker who has currently lost 100 pounds and is also suffering from Colon cancer. The Department of the Navy had the alarm system disabled that would have alerted Mr. Kevin Albert and his coworkers to the chlorine gas escaping so that the Department of the Navy could simply continue production without concern to the employee?s health. It is our understanding the Internal Investigation of the Department of the Navy acknowledges that the building Mr. Kevin Albert worked in was to be a closed loop system, but was allowed to operate as an open loop system which caused the chlorine gases and other fumes to escape into the workplace air and cause signi?cant injuries to Mr- Kevin Albert and his co?workers. Paragraph 10: As a remedy for these violations Mr. Kevin Albert respectfully requests his medical conditions be appropriately accommodated by the Department of the Navy and that Mr. Albert be allowed to work in a facility ?ee from chlorine gas and other fumes that do not cause him physical injury. Mr. Kevin Albert respectfully requests the Department of the Navy appropriately conduct searches for work that would accommodate Mr. Albert?s medical conditions offsite from PSNS and IMF. Mr. Kevin Albertrespectfully requests that he be reimbursed for all lost wages and bene?ts he has suffered as a result of the discrimination and retaliation imposed upon him. Mr. Kevin Albert respectfully requests he be made Whole for all harm to his credit and loses he has suffered as a result of the discrimination and retaliation imposed upon him. Mr. Kevin Albert respectfully requests he be granted $3 00,000 or the amount a judge or jury determines to be appropriate for all pain and suffering he has incurred as a result of the discrimination and retaliation imposed upon him. Mr. Kevin Albert respectfully requests he be reimbursed for all out of pocket medical and legal expenses and attorney?s fees he has incurred as'a result of the discrimination and retaliation imposed upon him. U.) 7p} -- ii; 1277123 wISer -293 pt? e--L it 13 Sep 2017 From: Equal Employment Opportunity Office d: To: Mr. Kevin Albert ?sm? wii?h j. M: ethf *3 IIJILI I33 5 NOTICE OF FINAL TO FILE A FORMAL Subj: COMPLAINT DON DOCKET NO. l7-4523A-02544 Encl: (1) Formal Complaint Form 1. This serves as notice of the final counSeling held in connection with the matter you presented to the EEO office. An initial interview was conducted on 19 June 2017. Your informal complaint form was received on 7 July 2017. 2. Upon review of your complaint, you are alleging the following claims: a. On the basis of disability (physical) you were discriminated against when on or about 1 June 2017 you were notified by Ms. Ellen Lukkasson that your denial of reasonable accommodation and offer of consideration of reassignment, which you accepted on 24 January 2017, has not been initiated or completed to date; and b. On the basis of disability (physical), you were discriminated against when since mid?October 2015 you have been denied a reasonable accommodation; and c. On the basis of reprisal, you were discriminated against when you were subjected to an ongoing hostile work environment when COMPACFLT NW (HRO, FECA, and RA) and IWP failed to accommodate your disability and provide you a position outside of and d. ?On the basis of reprisal, you were discriminated against when you were subjected to a hostile work environment when on (date not provided) you notified Mr. Pete Laurie, General Foreman of Shop 99, of the air exposure issues in building 1109. 3. You requested to participate in mediation in an effort to resolve your complaint. Mediation was held on 23_August 2017 with Ms. Lisa Ames. However, you were unable to come to a resolution. Since the matter you brought forth was not resolved, you are now entitled 4. color, religion, to file a formal discrimination complaint based on race, sex, national origin, physiCal or mental disability, age (if you are at least 40 years of age), genetic information, and/or reprisal for prior protected EEO activity. 5. If you file a formal complaint, it must be in writing, signed, and filed in person or by mail within 15 calendar days after receipt of this notice, as 3? J4 follows: In person at the COMPACFLT Office, Code 1111, Building 467 a. between the hours of 0700 and 1600; (NAVSUP), Mezzanine Level, Subj: NOTICE OF FINAL TO FILE A FORMAL DISCRIMINATTON COMPLAINT - DON DOCKET NO. l7?4523A-02544 b. By mail to: Commander Pacific Fleet Northwest EEO Office 467 Street East Mezzanine Floor Bremerton, WA 98314-5100; or c. By fax at (360) 476-5005. 6. A Formal Complaint of Discrimination form is provided as enclosure (1). If there are any amendments that you would like to include with your complaint, they must be submitted in writing to the COMPACFLT NW EEO Office. y. 7. The claim in the formal complaint, which must be limited to the matters discussed with the EEO Counselor and the matter giving rise to the complaint, must be sufficiently precise to identify you and the Department of the Navy activity, and to describe the actions or practices that form the basis of the complaint. Failure to provide this information may result in the dismissal of your formal complaint for failure to state a claim or failure to cooperate. 8. The complaint must also state whether you have filed a grievance under a negotiated grievance procedure or an appeal to the Merit Systems Protection Board on the same subject matter, including the dates when a grievance or an appeal was filed. This information is necessary for the Department of the Navy to determine whether your complaint is appropriate for processing under 29 CFR 1614. If you retain an attorney or any other person to represent you, or if you are currently represented and change your designated representative, you must immediately notify the COMPACFLT NW EEO Office, in writing. 10. You will receive a written notice of receipt of your discrimination complaint from the appropriate agency official. ll. If you have questions or need further information, please contact me at (360) 476-7134. W4 . WENDY JOHNSO EEO Specialist Copy to: Mr. Kevin Peck, Complainant Attorney THE PECK LAW FIRM, PLLC HILLCLIMB COURT AT THE HISTORIC PIKE PLACE MARKET 1423 WESTERN AVENUE SEATTLE, WASHINGTON 9810 1202 STAFE KEVIN A. PECK (206) 3 82/2 900 BEVERLEY THOMAS ALSO ADMITTED TO PRACTICE: FAX: (2 6) 3 82?2 12 8 ILLINOIS FLORIDA FAX COVER SHEET FAX NUMBER TRANSMITTED T0: (3 5i?) 4' 7 5-5 39195 To: Commander Pacific Fleet From: - Kevin Peck, The Peck Law Firm, PLLC ClientMatter: EEO Complaint of Kevin Albert DON Docket No. Date: September 30, 2017 3 I. NUMBER OF IE DOCUMENTS I Inel?ding Cover Sheet! I Formal EEO complaint 9 COMMENTS Hard copy to follow Via US First Class Mail The information in this fax message is privileged and con?dential. It is intended only for the use of the recipient named above (or the employee or agent responsible to deliver it to the intended recipienij. If you received this facsimile in error; you are hereby noti?ed that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this message in error, please noti?/ us immediately by telephone and destroy the docainents. hank you. I DH UERIFICQTIDH REPORT TIME a9?33x251? 15:86 2m: m: TEL @9333 15:34 DURQTIUH 38:82:23 89 RESULT UK NUDE ECM THE PECK LAW FIRM, PLLC HILLEIJJMH CDURT AT THE Pun-z Ft Atz? MARKET 14-23 WESTERN AVENUE SFATFLE. WASHINGTON 98 1014021 STAFF: KEVIN A. PECK C206) 382,2900 BEVERLEY THOMAS A150 1"?an FAX: (206)382-2128 ILLINOIS mem FAX COVER SHEET FAX NUMBER TRANSMITIED r0: I (3 60) 4761-5005 To: Commander Paci?c Fleet From: Kevin Peck, The Peak Law Finn, PLLC Client/Matter: EEO Complaint a Kevin ?ber: DON Docket No. Dat?: September 30, 2017 DOCUMENTS . WEEK OF PAGES - Including Formal EEO complaint 9