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$15,000 Settlement in Case Manager's EEOC Action

On December 4, 2002, the federal Bureau of Prisons entered into a settlement agreement that paid a correctional treatment specialist (case manager) at the United States Penitentiary Lewisburg (USP) $15,000, restored him to his previous job and made other concessions.

After Prison Camp Case Manager Dennis David Morgan, then 50, became

eligible for retirement he was approached multiple times by Camp Administrator David Combs on behalf of Warden David Bomine. At first, Combs asked if Morgan would retire. Later, he suggested he retire. Finally, he began screaming at Combs that he "strongly suggested" he retire while "wagging his finger" at Combs.

Combs filed an informal complaint with the USP's Equal Employment Opportunity (EEO) officer. This resulted in an informal agreement that Romine speak with Combs about his improper behavior, Combs cease his attempts to intimidate Morgan into retiring and Morgan remains at the Prison Camp.

Morgan's April 5, 2000, review gave an overall work performance rating of "exceeds." Soon thereafter, he suffered five acts of retaliation. This included reassignment from the Prison Camp to Unit 1, a much higher security section of the prison, and retroactively changing his work performance rating to "unacceptable."

Pursuant to the Americans with Disabilities Act, Morgan requested a reasonable accommodation for his irritable bowel syndrome, requesting that he be placed where he could access a toilet within 60 seconds after the onset of symptoms. This was not possible in Unit 1.

The request was denied. Thereafter, aided by Harrisburg, Pennsylvania attorney Lori Serratelli, Morgan filed a formal complaint with the EEO Commission.

In settling the complaint, the BOP agreed to: pay Morgan $15,000; transfer him to the Prison Camp in the Case Manager position, with the "even" case manager load and his original office; restore 54=2 hours of sick leave; purge his personnel file of any negative comments arising out of his transfer to Unit 1; and accommodate his religious beliefs by not scheduling him to work on Sunday unless it would impose an undue hardship on the BOP. See: Morgan v. Ashcroft, EEOC Case No. 170-A2-8070X.

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Related legal case

Morgan v. Ashcroft