The U.S. Office of Special Counsel (OSC) today filed a complaint with the U.S. Merit Systems Protection Board (MSPB) against the U.S. Department of the Army (Army) seeking corrective action for whistleblower, Dr. Patricia Dillon. The complaint alleges the Army reassigned Dr. Dillon from her leadership position and proposed to fire her from her job in retaliation for disclosing laboratory safety issues to management and the U.S. Department of Defense, Office of Inspector General (OIG).
Dr. Patricia Dillon is the former medical director of the Biosurety Clinic for the Barquist Army Health Clinic and former director of the Biological Personnel Reliability Program at the U.S. Army Medical Research Institute of Infectious Diseases at Fort Detrick, Maryland. Dr. Dillon was responsible for screening and evaluating individuals for medical fitness to work in secure biosafety laboratories with the highest security designations, because they work with dangerous biological agents and toxins like Ebola and Tularemia. The complaint alleges that the Army retaliated against her after she raised concerns to OIG about substandard Army inspections of these laboratories and about a laboratory head discouraging employees from reporting mishaps.
The complaint outlines the Army's series of retaliatory actions against Dr. Dillon, now spanning more than six years. It began with a retaliatory and wide-ranging investigation into Dr. Dillon, which resulted in her reassignment away from physician duties, suspension of her clinical privileges, and issuance of a notice proposing to fire her from her job. It continued with the Army's failure to reinstate Dr. Dillon's clinical privileges – which had not been an issue before her whistleblowing – years after its own committee recommended doing so. Throughout much of this time, the Army stationed Dr. Dillon at a desk in a medical records room with little-to-no work to do. To date, Dr. Dillon remains idled.
The Army's actions following Dr. Dillon's contact with OIG are in sharp contrast with its treatment of her before her whistleblowing. Shortly before meeting with the OIG team, the Army recognized her with the Commander's Award and rated her performance as excellent.
On March 25, 2020, OSC issued a Report of Prohibited Personnel Practice to the Secretary of the Army, which made a finding of whistleblower retaliation by the Army against Dr. Dillon. However, the Army has failed to take corrective action.
“Federal Agencies are prohibited from retaliating against employees for raising safety concerns and participating in Office of Inspector General investigations," said Special Counsel Henry J. Kerner. “OSC is committed to ensuring that the Army provides appropriate corrective action to Dr. Dillon to remedy its unlawful retaliation against her."
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