Case 16 - Diersen documents ongoing retaliation by GAO
Updated October 17, 1999

Complete text of letter from Diersen's counsel to U.S. Attorney's Office regarding GAO's ongoing retaliation against Diersen.

(From) Karen Burke
7711 Takoma Avenue
Takoma Park, MD 20912
301-563-6443
fax: 301-563-6445
e-mail: KXBurke@aol.com
May 12, 1999

Wilma A. Lewis
Mark E. Nagle
Eric M. Jaffe
Assistant United States Attorney
Judiciary Center Building, Room 10-407
555 Fourth Street, N.W.
Washington, D.C. 20001

RE: Retaliation by GAO Against David J. Diersen

Dear Ms. Lewis, Mr. Nagle, and Mr. Jaffe:

          I am an associate of Walter T. Charlton, who represents David J. Diersen in Diersen v. Hinchman, Case No. 98-1887, before Judge Robertson.  Mr. Charlton is out of the country and is scheduled to return on May 25, 1999.  In Mr. Charlton’s absence, Mr. Diersen has become aware that the General Accounting Office ("GAO") is continuing to retaliate against him for filing an Equal Employment Opportunity ("EEO") action, a protected activity.  In particular, Mr. Diersen is aware that the GAO is not responding to inquiries from potential employers in a manner that is consistent with Ms. Leslie G. Aronovitz’s (A GAO manager in the Chicago Field Office) July 23, 1998 letter of recommendation (copy enclosed).  Therefore, in order to show good faith and avoid further legal action, Mr. Diersen requires that the GAO perform at least the following required or promised actions:

Provide an adequate response to his April 21, 1999 letter to Comptroller General Walker concerning GAO’s retaliation against him (copy enclosed);

Ensure that the GAO will comply in a timely manner with its commitment to respond to inquiries about Mr. Diersen’s GAO employment in accordance with GAO Order 2294.3;

Ensure that the GAO complies with its commitment to respond to inquiries about Mr. Diersen’s GAO employment in a manner that is consistent with Ms. Aronovitz’s July 23, 1998 letter of recommendation (copy enclosed);

Ensure that Mr. Walker and GAO Chicago Field Office employees, including Leslie Aronovitz, Stewart Herman, and Cecile Trop, stop making derogatory statements about Mr. Diersen, including telling GAO Attorney William McCaffery that they believe that Mr. Diersen is "nuts;" and

Ensure that Mr. McCaffery stops his derogatory comments about Mr. Diersen, including informing others (as he informed Mr. Charlton on April 21, 1999, and April 26, 1999) that Mr. Walker and GAO Chicago Field Office employees believe that Mr. Diersen is "nuts" and implying that he agrees with their characterization of Mr. Diersen.

         Written confirmation of assent to these actions would demonstrate some degree of good faith on the part of GAO.  In the absence of an adequate response in a timely fashion, Mr. Diersen will feel compelled to take additional legal action.

          I myself will also be unavailable until May 19, 1999. I hope to hear from you at that time.

Sincerely,
/s/ Karen Burke, Esq.

Enclosures: April 21, 1999 letter and July 23, 1998 letter of recommendation

End Case 16 Attachment:  Letter to U.S. Attorney 05/12/99, re: Ongoing GAO Retaliation

Case 16: Diersen v. GAO MAIN Page