“Public opinion is a sort of atmosphere, fresh, keen, and full of sunlight, like that of the American cities, and this sunlight kills many of those noxious germs which are hatched where politicians congregate. That which, varying a once famous phrase, we may call the genius of universal publicity, has some disagreeable results, but the wholesome ones are greater and more numerous. Selfishness, injustice, cruelty, tricks, and jobs of all sorts shun the light; to expose them is to defeat them. No serious evils, no rankling sore in the body politic, can remain long concealed, and when disclosed, it is half destroyed.”
Soon after Jay Clayton became SEC Chair, my career was hijacked by a series of unfortunately corrupt new and opportunistic SEC employees. They fabricated stories to use my expertise – my 6-years work on the SEC adoption of the International Financial Reporting Standards (IFRS) XBRL taxonomy – and then execute me by termination – to justify and fund their own promotions, and to silence me.
My career of service to country meant nothing to them; only that stealing it would inflate their corrupt, unmeritorious careers.
I began to investigate the SEC from within. On May 2, 2018, I submitted a Whistleblower statement to the SEC Commissioners and others about corruption of the SEC mission. On July 23, 2018, I submitted an Affidavit, completing an EEO Complaint. One week later, I was escorted from my SEC office by armed guard. Six weeks from that, the so-called “Decision” to terminate my federal employment arrived, ratified at the top of the SEC, on my religious holiday. It took less than a year to upend my decades of federal service.
My lawsuit against the SEC alleges discrimination, antisemitism, harassment, retaliation, misconduct, and violation of the Whistleblower Protection Act.
I write this website to continue my Whistleblower statement, beam sunlight on my case and similar abuses of SEC employees, and share my understanding of the historic underbelly of the SEC. The bigger picture is that the SEC’s treatment of its employees is simply a symptom of its utter corruption, and the SEC’s reign of terror over its employees and the financial markets continues to this day. Reputable SEC employees still contact me with similar stories of abusive job losses inflicted by infamous perpetrators. The SEC Office of General Counsel and Senior Management are staffed with goons serving themselves, not our country; remarkable only for their dishonesty and selfish, pathetic life goals to enrich themselves by harming others.
Love has already proven my best justice. Now I seek and await the rest: “But let justice roll down like waters, and righteousness like an ever-flowing stream.” (Amos 5:24)
More to explore: This page continues with much more on my and others’ SEC stories. The SEC Revolving Door recounts friendly awards of “expert”, “sole-source”, “time and materials” contracts, $400K on a side hustle, the SEC “list to get a promo”, and how to lose the “Economist Survivor” game. The Library documents 25+ years of the downfall in integrity of leadership and oversight of the SEC. Go deep into My Inspiration. A bit of this and that is served at Public Data for the Public.
I truly appreciate your visit โฅ.
The html is rudimentary, but it’s mine.
“Sunlight not only disinfects, it triumphs. Every f*cking time.”
With more pieces of the puzzle, I cried realizing my termination story includes also at least five men’s careers abused. Employee friends have confided their stories; a brave few of many. Realizing the SEC only slays its employees for greedy opportunity, and to silence them. Fuck the SEC.
In over 90 years, a woman has never been selected as SEC Chief Accountant. R.I.P. equality (1933-2025). The SEC is a shining example of equal employment abuse opportunities. How many more honorable federal employees and their families will be harmed, replaced exponentially by dubious federal employees exploiting federal functions for personal financial benefits?
Here’s a short slideshow my posts on X – examples of public SEC documentation of its treatment of employees:
My lawsuit is Earle v. United States Securities and Exchange Commission, Jay Clayton, et al. (now, v. Gary Gensler, et al.). Case No. 1:19-cv-01419 (U. S. District Court, District of Columbia). All public case documents are on PACER (Public Access to Court Electronic Records). [I am not an attorney].
After two federal Equal Employment Opportunity Complaints, my lawsuit was filed in 2019 – now 6 years, and counting. Motions for summary judgment are now pending since August 11, 2023 – stalled over two years and counting.
So I wait, with the many plaintiffs assigned to a docket of justice choked.
Meanwhile, Judge Colleen Kollar-Kotelly is in her second appointed term as Chairperson of the Washington, DC Commission on Judicial Disabilities and Tenure, “charged to maintain public confidence in an independent, impartial, fair, and qualified judiciary, and to enforce the high standards of conduct judges must adhere to both on and off the bench.”
My Whistleblower Statement: “Report on Illegal Employment Practices and Corruption in the U.S. Securities and Exchange Commission and its Division of Economic and Risk Analysis” (May 2, 2018)
Below are a few examples of my outreach. What I learned: There is no cavalry to save wrongly-terminated federal workers. The broken federal agencies spitting them out by the dozens have no accountability or care for unjust job losses and collateral damages to families.
I am not a ‘disgruntled former’ SEC employee. My family witnessed the SEC’s ugly, unjustified destruction of my career. I hate that. But our pride in what we do after is more powerful: the good survives, forged 100x stronger. Winning.
My Letter to Chairwoman Virginia Foxx (Committee on Education and the Workforce) and Chairman Kevin Kiley (Subcommittee on Workforce Protections) concerning oversight of workforce protections by U.S. Equal Employment Opportunity Commission (May 25, 2023):
If you have a little more time, read about the tactics and antics of the SEC and its National Treasury Employees Union (NTEU) Chapter 293ย to implode my federal career:
On December 23, 2016, two weeks after his promotion to Acting Director of DERA and Acting SEC Chief Economist, Scott W. Bauguess requested the ‘restructure’ of my office of over four years, OSD. As he had done at least twice before, Bauguess ‘restructured’ to promote a friend, now his friend recently hired from PricewaterhouseCoopers (PwC), Mike Willis (my immediate supervisor). The promotions were new to DERA, Senior Officers titled as Associate Directors: stacking-up new Offices and layers of compromised SEC employees without increasing job functions or work products. Adding to legitimacy questions, my Expert will testify that the SEC violated federal Office of Personnel Management rules of restructurings and reorganizations.
“Repurposing vacancies” was key to the restructuring. Although the employees or job functions to supply the “vacancies” were necessary, they were also (publicly) ‘to-be-determined’ while (covertly) controlled by the ‘to-be-promoted’:
The ‘OSD/ORDS Crosswalk’ (reorganized org. chart) below was presented to OSD staff on February 2, 2017. Despite several iterations between DERA, Lacey Dingman, SEC Chief Human Capital Officer (HR), and the Chair’s Office, this Bauguess ‘restructuring’ would never be approved. First, the blame was on the January 23, 2017 federal hiring freeze. Then, at Chair Jay Clayton’s May 2017 employee Town Hall, he revealed a $4 million budget shortfall for Staff salaries. Neither HR nor the Chair’s Office found any necessity to approve Bauguess’ Request. By late 2017, Bauguess and Willis were anxious to implement the promised promotions despite still having no approval or budget to do so. “Vacancies” to “repurpose” had not happened. Plan B: The performance management process was nearing its end but could be used to create the desired vacancy(ies) (as Bauguess had done in the past, and to other women).
Since onboarding in mid-2015, Mr. Willis proposed my work for several SEC awards: I received a DERA Director’s Award in June 2016, and he nominated me for two SEC Honorary Awards in March 2017. Both Mr. Bauguess and Mr. Willis, in preceding years’ performance evaluations, praised my work.
Nonetheless, Mike Willis’ promotion required he take the first blow to my career; and he did, by raising his voice to me on November 8, 2017. It was shocking and emotionally disturbing; his sudden outburst evidencing instability. I now feared Mr. Willis and had no trust in his capabilities and motivations as a manager. His shouting and accusations were pretexts, insinuating that I would do well to consider other employment options, or I would receive a poor performance rating and a PIP. I was to be ‘repurposed’.
These thieves had no respect for my federal service of decades; its value only that they could steal my accomplishments and my $235,490 annual federal salary. The greed and filth in the creation of these SEC Senior Officers and Staff fated to multiply in cost to the public: ever-growing, ever-funded, and ever-twisting more corrupted.
After his attack, silence on my 2017 performance. Mr. Willis went south to his Florida residence until the end of 2017, no doubt hoping I would ‘consider options’ and save him and the SEC the troubles of fabricating documents about my performance. I continued my work on significant IFRS and U.S. GAAP taxonomy policies and Releases.
The next threat to my federal employment came from Dan Barry, Chief Steward of SEC Union NTEU Chapter 293 on January 17, 2018. After revealing it hadn’t yet been provided “substantiation for the ‘unacceptable’ [and very overdue] FY 2017 performance rating” (because the Office of General Counsel hadn’t written it yet, pending my ‘decision’), the Union offered me a ‘voluntary demotion’ (offering the same to least four others in this SEC 2018 spring cleaning of employees). The Union email goes on to say that its kindly demotion offer: “might not have offered if it had not been for Pat Copeland [Vice-President of the SEC Union]’s conversations with Scott Bauguess and Kim Coronel [DERA’s Managing Executive] who previously thought that you were eligible to retire now without a reduction in benefits“{emphasis mine]. I wasn’t; and why were they mentioning my retirement status, my performance evaluation, a PIP, and a demotion in the same email?
Back to my decision. I did not accept the Union’s tainted demotion offer; instead I started an EEO complaint – the second SEC employee to do so against Mike Willis in two years. I also waited for the SEC to play its hand: Give me my long-overdue 2017 Performance Review, and a Performance Improvement Plan (PIP), in writing.
In the Crosswalk below, I am Staff Accountant SK-16 “K. Earle” (the most senior female on the Crosswalk, one of four Senior Staff SK-16 employees. The other three SK-16’s were male information technology managers in the Division of Economic and Risk Analysis; XBRL industry cronies of Mike Willis for between 10-25 years each, now at the SEC supporting my taxonomy work: Walter Hamscher, Brian Hankin, and Matthew Slavin. The next most senior employee in the Crosswalk (SK-15), first-level supervisor (Branch Chief) “J. Bishop”, fell victim to the shake-down demotion scheme on February 15, 2018; the same day Mike Willis emailed me a calendar invite to finally show his cards: his fabricated 2017 Performance Review of me and a Performance Improvement Plan (PIP), a.k.a. my termination papers. My selection as a repurposed vacancy was finalized. It was in retaliation (in part) for not complying with Willis’ implied threats to find other employment, not complying with the Union shakedown to ‘retire’ or accept an unwarranted demotion, for my EEO Complaint, as well as discussing Bauguess and Willis’ plots and my Complaint with DERA Division Director Jeffrey Harris (to whom Bauguess reported).
It would be me, an auditor, against thieves.
Three months later, on May 2, 2018 I submitted my Whistleblower statement. On May 23, my PIP ended, in silence. Did Mr. Willis deem his PIP for me a ‘success’ or a ‘failure’? The SEC waited to pull the trigger or tell me anything of my status for another two months, then retaliated again. On July 23, having completed EEO process steps since January, I submitted my first Equal Employment Opportunity Affidavit. On July 30, I first learned I “failed the PIP” and was escorted by armed guard perp walk from the SEC building. I was no longer employed by the SEC by September 18, 2018.
Witnessing and surviving several financial crises, my career succumbed to internal SEC ethical crises; this one simple greed. My career’s value, to those who could take it, was to inflate their mediocre resumes as they had always done, to justify and fund their redundant promotions.
Bearing witness: more of my story: how employee terminations happen expeditiously at the SEC:
Becker was given another, albeit temporary, promotion on May 31, 2018. Three weeks after my Whistleblower statement she was appointed to Acting DERA Division Director and SEC Chief Economist, replacing former DERA Division Director and SEC Chief Economist Jeffrey H. Harris. Harris resigned suddenly after my Whistleblower statement and service of my formal EEO Complaint less than a week later. Harris was impotent, making a getaway, never following-up on our January 31, 2018 meeting when I presented him with the disturbing Union email and evidence of his subordinate Bauguess’ plots.
Forward to July 9, 2018, Becker emailed DERA’s Managing Executive, Kim Coronel, with the subject “human capital requests”, noting an “SK-16 backfill staff loss due to PIP, internal only posting” in OSD. No one had yet said anything to me about my PIP status, nor had I received my “Notice of Proposed Removal”; those came later, on July 30 (National Whistleblower Day 2018, btw). Two months later, Chyhe Becker would be the responsible “Deciding Official” on my termination. Her sham, so-called “Decision on [my] Proposed Removal” arrived in my inbox on September 18, 2018.
My backfill was to be an “internal only posting”, to suit the promised promotions in OSD.
Then, the Friday before my Notice of Proposed Removal, July 27, 2018, DERA Managing Executive Kimberly D. Coronel sent three relevant emails:
At 10:53 am to Chyhe K. Becker (Acting DERA Division Director and the ‘Deciding Official’ on my termination) stating that the SEC Office of General Counsel (Iris Rossiter, OGC) notified ‘the 10th floor’, the Office of SEC Chair Jay Clayton, that OGC would be ‘serving’ my ‘notice’ of termination. Coronel then gave Becker a task (redacted), to which Becker replies “;; Great. Thanks. Will do.”
At 12:01 pm to Chyhe Becker, inquiring whether Becker had discussed the DERA “OSD reorg matter” with Lucas R. Moskowitz – SEC Chair Jay Clayton’s agency Chief of Staff – in a meeting earlier that morning.
At 12:26 pm to Chyhe Becker, stating that she (Coronel) was working on a paper to “operationalize DERA’s previously approved reorganization of its Office of Structured Disclosure”. Minutes later, Becker replies “;;;;; Super.”
Here’s some email chit-chat by Senior Officers in DERA on the morning I was given my Notice of Proposed Removal:
Scott Bauguess (Division Director) emailed Vanessa A. Countryman (then DERA Chief Counsel, now SEC Secretary) and Kimberly Coronel (then DERA Managing Executive, now Assistant Director for Regional Operations) with the subject “Iris” (Iris M. Rossiter, attorney, SEC Office of General Counsel). They got one thing right: “Kim didn’t walk out quietly“.
Sunlight ensues.๐
Five disturbing examples of too many: the SEC and the NTEU’s treatment of employees:
(1) The excerpt below from my Whistleblower statement has always disturbed me. In March 2018, Dan Barry, Chief Steward of SEC Union NTEU Chapter 293, sent a series of emails threatening a male SEC employee’s job. I met the employee as he was facing a Performance Improvement Plan at the same time and under similar scenario as I. The employee complained about his treatment by a phone call to the office of then SEC Chair Jay Clayton. The Union’s March 29 email answers with retribution: “apparently based on your call to the Chair’s Office, Iris [Rossiter in the SEC Office of General Counsel] made a new offer today”. The email goes on to ‘offer’ threats of removal within 10 days under allegations of “loafing” (what??). Then another threat (or possibly ’employee’s choice’) to be fired for misconduct and lose retirement benefits. Ultimately, this employee was not terminated by the SEC. I believe that his mention in my Whistleblower statement contributed to saving his job.
(2) Scott Bauguess evidently had more careers to demolish in the spring of 2018. This second example documents another DERA employeeย (“Adam”), threatened into a ‘voluntary downgrade’ from his Assistant Director position in May 2018. Kim Coronel exclaims to the SEC HR attorney: “Thanks for your help with this!”
Twenty minutes after receiving the email affirming the employee’s downgrade, Scott Bauguess writes back to Kim Coronel: “Great. Can we begin discussing process for AD [promotions to Associate Director or Assistant Director] postings? I assume the Christof matter will be settled soon” [more on Christof on The SEC Revolving Door].ย
(3) The third story concerns another SEC EEO Complaint against my supervisor, Mike Willis, within 2 years of his joining the SEC:
My co-worker Mr. XY #1 emailed me in March 2018: “Sorry to hear that you are going through the same bullying. It was hell and I had to put up with it for 2 years. Finally I had to file a formal complaint to get me out of the hole…discrimination is going on in a systematic manner within OSD. Employees who were bullied in a systematic manner and had to leave OSD in the past 2 years since Mike became the AD:”, followed by a list of 7 employees.ย
Mr. XY #1 filed a formal EEO complaint, which the SEC forestalled by re-assigning him, in addition to other means. The remaining employee-victims of Mr. Willis met various fates. My own fate, perhaps not the worst, as others’ bullying was suffered (mostly) in silence.
(4) “When Scott Bauguess finally realized that the accountants figured him out, Mr. Bauguess simply removed the accountants.” A senior DERA staff member described to me that Mr. XY #2 [lead accountant with the staff member on a key DERA analytical tool] was shamed by Mr. Bauguess’ insinuations designed to remove the accountant in early 2018. Mr. XY #2 begged to be allowed to arrange other employment before being formally thrown out of the SEC – a written termination would seriously impede future employment in his home country. Mr. Bauguess allowed a small window of time. The key [remaining] project staff member commented: “Mr. XY #2 didn’t deserve that.”
(5) SEC document destruction was not limited to its Division of Enforcement in the early 2010’s. Documents, careers, and employees’ lives in the Division of Trading and Market (T&M) were also destroyed. This story is a friend’s; it hurts to remember but I think it important to present. Ms. XX #1 was the Regulatory Specialist responsible for maintaining the all-paper files for two of T&M’s key Financial Responsibility programs, the Consolidated Supervised Entity (CSE) Program and the 17-H Broker-Dealer Risk Assessment (17-H) program. After the programmatic failures of both these programs during the 2008 U.S. Financial Crisis, Ms. XX #1,ย her Assistant Director moved to the office next to hers – where the records were maintained – and began asking questions about the records which he had never asked before. The NTEU declined to assist when the intimidation continued. Soon after, Ms. XX #1 was no longer employed by the SEC, losing her career of 28 years.
If all else fails, banning books might won’t work:
Vanessa Countryman, then DERA Chief Counsel, read in my Whistleblower statement of the pages of critical posts about DERA and its management, including herself, on the website Economic Job Rumors (XJMR). One example confirms DERA’s “bullying” and “coordinated mobbing” and correctly predicts: “…incompetent but connected crooks like Countryman [since promoted to SEC Secretary] and Coronel [since promoted to Assistant Director for Regional Operations] keep their jobs and get promoted.”
Another poster confirms: “what is true is Scott Bauguess, Vanessa Countryman, Kim Coronel & cronies were incompetent managers and bad people who destroyed dera [sic]”.
Ms. Countryman emailed her solution to the team in DERA and OGC: “blocking the website from being accessed from SEC computers and devices”. Scott Bauguess, also skewered with bad reviews on XJMR, replied “Wow. Exceptionally well put.”
Stay curious, my economist friends.
Thank you for reading this far! One more long-ish section (going into the weeds), then this webpage ends with a short question and 2 answers on losing SEC federal employment!
These snips from my personal notes explain the details of the tactics the SEC found useful to harass and retaliate me for my statement and my Complaints, make me an example to others who might speak out, make sure I knew I didn’t have long to continue my federal employment, and make my last few months at the SEC, after a successful 28-year career, as stressful as possible.
“As explained more fully in my Whistleblower statement, Willis, Coronel, and Bauguess have engaged in a number and variety of adverse, discriminatory actions against employees in the Division of Economic and Risk Analysis, especially those they could not control, who had years of experience, or asked questions. The corrupt trio’s hope – to silence institutional knowledge of the myriad of dysfunctional activities they perpetuate.”
First, see if you can get the employee to quit first:
“I believe the reason he began shouting at me [on November 8, 2017] was to initiate his plan to demote or terminate me unjustifiably to accomplish his own promotion and that of a younger female employee. I had never before been shouted at in a professional work setting. As explained in the attached report, the timing of the incident was during the period when Willis was required to prepare performance evaluations. Willis, Coronel, and Bauguess had been unable to accomplish the promotions since February 2017, and decided to resort to using the performance management system to accomplish the plan. Up to that day, Mr. Willis had never communicated any performance issues to me; in fact he had thanked and praised me for my work.”
“There were actually no issues with my performance during the rating period and during the PIP period. Allegations and gross mischaracterizations referencing ‘persistent observable poor performance’ were only raised after the end of the rating period, when management officials made the decision to use the tactic. No substantiation exists of notification to me during the rating period of ‘persistent observable poor performance’. My belated mid-term performance review in May 2017 was consistent with my past fully acceptable performance.”
“On January 31, 2018, Iris Rossiter [attorney ‘terminator’, SEC Office of General Counsel] phoned my legal counsel after she learned I had discussed my protected EEO activity and management officials plans to terminate my federal employment with DERA Director Jeffrey Harris. Rossiter told my attorney that the “likely outcome of a Performance Improvement Plan at the SEC is termination”, threatening that when the PIP was issued, the foregone conclusion would be failure resulting in termination of my employment. It was an admission that the PIP would be farce and not based on ‘performance improvement’.”
Plan B, fabricate a untruthful performance evaluation and an onerous PIP:ย
“As stated in the Union email, management did not provide substantiation for the unacceptable [2017] rating. The performance appraisal I received contained fabrications about my performance in an attempt to support my demotion or termination to achieve Willis, Coronel and Bauguess’ plan to promote a younger female employee and my male supervisor.”
“It is significant that there was no discussion, meeting, interview, or investigation concerning the substantiation of any of the allegations of my unacceptable performance during the rating period. When I emailed my supervisor Willis [on February 20, 2018] asking for substantiation for the specific allegations of my unacceptable performance he wrote in my performance appraisal, he did not respond. Therefore, as part of my response to the notice of proposed removal I made a spreadsheet documenting each allegation of unacceptable performance, explained why each was untrue, and provided corroborating evidence of the untruth. Much of the evidence was in emails that my supervisor authored or was party to.”
“Management officials affidavits for my prior protected EEO activity include rote repetitions about my “persistent observable poor performance”. The entire basis for my termination hinges on this assertion, which they have never been required to substantiate. The spreadsheet I prepared substantiates that management officials made demonstrably false statements on the performance evaluation that justified the PIP that they manipulated to illegally terminate me from federal employment.”
Next, if threats don’t work, make the PIP as stressful as possible:
“Soon after the PIP began, Mr. Willis began to send me hostile, inaccurate, and critical emails, falsely accusing me of committing mistakes and not complying with PIP requirements. I responded to each of Willis’ emails that contained untruthful statements about my performance; however, he continued to send me such emails. As the hostility and accusations escalated during the PIP period, Mr. Willis prematurely insinuated that I would not pass the PIP.”
“On April 5, 2018, less than halfway through my Performance Improvement Plan, Willis sent me an email threatening my federal employment by stating that I had already failed the PIP. My attorney reported this in a letter to Iris Rossiter in the Office of General Counsel. stating that Willis’ email evidenced the pretextual nature of the PIP and its administration by Willis, and his eagerness to move on with my predetermined outcome. My attorney discussed how Willis’ email also evidenced that the PIP was crafted by OGC and DERA to ensure my failure and remove me from federal employment, rather than provide me with the right to a meaningful ‘opportunity to improve’, and to receive assistance in doing so (notwithstanding that the performance deficiencies were fabricated by the management officials as a predicate to giving me the PIP in the first place.)”
“The false accusations increased my stress and anxiety by making it further evident to me that the PIP was not bona fide and Mr. Willis was fiercely intent on fabricating evidence so that he could assert that I did not pass the PIP to achieve his goal of terminating me to effect his and the younger female employee promotions. This stress made it harder to concentrate on my work during this critical time.”
“The hostile, inaccurate, and critical emails were sent with the intention to harass me because they contained untrue statements and evidence Mr. Willis’ intention to ensure by every means that I would not pass the PIP. I received no responses from management concerning my reports of harassment or hostile work environment.”
“The harassment/hostile work environment added a new level of stress to my work performance considering that Willis had doubled my workload in the 2017 rating period without giving me new resources. SInce 2012 my assignment was to work on on primary taxonomy; in early 2017 an additional primary taxonomy and 500 reporting filers were added to my workload. I was also working with the FASB to write another new supplemental taxonomy. Additional stress was placed on me once I was targeted in November 2017 and my performance attacked as a pretext to take my job away from me. Despite this stress, I continued to perform at a high level in an effort, however futile, to save my job despite the ultimate predetermined outcome.”
“On July 31, 2018, my OSD co-worker phoned me and told me that Willis said in a senior staff meeting on July 30, 2018: “Kim is no longer with us. She was escorted out this morning.” This co-worker also messaged me on LinkedIn that day expressing his dismay and concern. The co-worker told me the names of two other OSD senior staff members who were in this meeting and were shocked at Willis’ statement.”
“I was shocked as well, because it made it obvious that my termination was predetermined. Mr. Willis also severely damaged my professional reputation by his comments foreshadowing my ultimate demise. It has come to my attention that Willis’ comments were shared both within and outside the agency.”
“My attorney informed me that Willis’ statements were a violation of federal regulations, asย Willis would not be the Deciding Official on my termination, and was not permitted to confer with the Deciding Official. However, this statement evidenced that Willis already knew that the decision was made, had discussed it with the Deciding Official and likely other management officials, [e.g. Chyhe Becker’s July 9, 2018 email to Kim Coronel discussed earlier on this page], and broadcast it at a senior staff meeting.”
“In addition, my coworkers’ reactions made it clear that Willis’ statement was another manifestation of the hostile work environment in DERA: intended to humiliate me, while letting everyone else who might be inclined to challenge DERA management know what could happen to them.”
“As I pointed out in my response to the Notice of Proposed Removal, it cites 3 tasks out of the 39 deliverables in the PIP for which Willis asserts my performance was unacceptable and thereby justifies my removal. I dispute the allegation of failure of the three tasks; however, even considering them means I passed 92.3% of the PIP tasks. Management still terminated my employment.”
“Since the harassment and hostile work environment continued until my termination on September 18, 2018 (including that my termination occurred on m important religious holiday), I assume no action was taken.”
In the meantime, protect cronies and new friends:
“There are four SK-16 level employees in the group where the budget resources were needed to effect the ‘repurposed vacancies’ to provide the promotions. I am the only female, and the unacceptable rating was unsubstantiated and fabricated in order to remove me from my position. It also constituted disparate treatment as I have documentation of performance failures on the part of two of the male SK-16 employees that I do not believe were factored into their ratings. I have heard that one of the male employees was recommended by Willis to receive a performance bonus which was ultimately not given because the make SK-16 has numerous complaints against him for bullying and yelling at other employees. I have been the victim of and witnessed this employee doing that to others. I reported harassment by this colleague in March 2017 to my supervisor and his action on it was to ask the harasser to stop emailing it, not to stop it.”
“Since 2014, there has been a demonstrable pattern in DERA of replacing women employees with male employees, and hiring predominately male new employees. I was the only female in Willis’ group at the SK-16 level and there were three male SK-16s. Willis’ group in total was staffed with 1/3 female and 2/3 male employees.”
“The division of OSD into sub-offices and the employee assignments were sleight of hand ‘realignments’ solely to affect Willis’ promotion, and were later manipulated. On February 2, 2017 when the restructuring was proposed, 2 of the male SK-16 were assigned with me in the sub-Office of Rulemaking Support. Later, the assignments were revised to gerrymander all the male SK-16s to the sub-Office of Disclosure Technology. Because I worked on NO rulemakings during my six years in DERA, I asked for reassignment to the Office of Disclosure Technology and my request was denied twice.”
“Conversely, there were performance issues with at least one of the male SK-16s during the 2017 rating period (for example, errors in EDGAR Release content for the IFRS taxonomy update). There were also performance issues with at least one of the male SK-16s during my PIP period (for example, failure to timely perform assigned task of creating a technical update to an SEC webpage for an EDGAR Release).
“There are at least 4 work products attributed to my performance failure during the rating period, the PIP period, and the Notice of Proposed Removal that Mr. Willis assigned to other employees, including the male SK-16 under his supervision. A notable example is the ‘IFRS sample filing’ assigned to one of the male SK-16s during the 2017 rating period. After 4 months of work, the male SK-16 failed to produce a viable project – as Willis wrote in this email the day after his outburst about my alleged unacceptable performance. The male SK-16 did not receive an unacceptable rating for this work. Instead Willis transferred blame for this work to me, cited it as my unacceptable performance. Then, in my PIP, Willis asked me to complete the ‘IFRS sample filing’ with a due date six days after the start of the PIP. I completed the work but it was not published on the SEC website due to technical difficulties. Despite Willis’ urgency for me to complete this task during my PIP, the IFRS sample filing, as of [now] 6 years later, is still not published on the SEC website.”
“After my Notice of Proposed Removal, I was permitted three hours on August 3 to review and print out any materials for my response, and that Kim Coronel was with me to review the documents I printed โto ensure they are appropriate prior to Ms. Earle taking them off-siteโ. Kim Coronel reviewed each page I printed, as Iris Rossiter required, and then the documents were boxed. When I got home and started looking at the printouts, I noticed very quickly that there was an obvious problem with the documents: about 1/3 printed incompletely and were cut off in mid paragraph. Since Kim Coronel was supposed to review the content of the documents for appropriateness, it is not credible that she did not notice the obvious printing problems. Her failure to โnoticeโ this when she was aware that I was printing the document to defend myself against a proposed removal from employment was purposefully hostile and constitutes harassment.”
“I notified my attorney and he emailed Iris Rossiter to notify her of these issues and request additional time to access my records. Iris Rossiter permitted me an additional 2 hours and I returned on August 15, 2018.ย At this session there were significant printer issues โ both ink cartridge and printer drum required replacing, and paper ran out several times, all of which took away from my allotted time and added to my stress. Kim Coronel was monitoring me again and retrieving the printouts from a remote room. When I got home and starting reviewing the printouts, I realized that not all of them were given to me: for example, none of my โsentโ emails were provided to me. Iris Rossiter emailed my attorney on August 15, stating โI understand that Ms. Earle was able to print and take all the documents she asked for today. So that should conclude her request for document access to formulate her written reply.โ My attorney emailed Rossiter to inform her that was not true.”
“In addition, the printing area was in an SEC security office suite. Xxxxxx Xxxxxx, Branch Chief in this security office, had two posters/signs on his door about celebrating happy hour and drinking alcohol. At least two employees assisting Branch Chief (names unknown) with the printer in the security office witnessed the issues with the printer (ink, drum and paper replacement, interruption of the printing).”
“It was harassing and hostile to only be permitted 5 hours to access my computer records to defend my employment (which turned out to not be adequate particularly given the problems encountered), to have problems with the printer and the printouts, the inappropriate environment for this process, and for the management officials overseeing this process to not care to ensure that it went smoothly and that I had adequate time, proper equipment, and received all the printouts properly and completely. There were no plans made or controls for accountability to ensure that I received all printouts I requested when there were numerous printer issues.”
This sums it up well:
“The attacks on my career and well-being by SEC management officials had nothing to do with my performance, nor with the business of the SEC. Instead of being focused on the mission of the SEC, these officials exploited the agency for their own benefit, at the expense of taxpayers. Their actions had no basis in evaluating my performance, nor with improving it. They simply chose me, an employee they thought was โweakโ on the basis of my age, sex, and religion, and used a tactic available to them to take my job; simply to enrich themselves.”
“What exactly do you have to do to get fired or arrested if you have a government job?”:
My answers to this common question were lightbulb moments. Why do SEC employees face sham consequences, never losing their jobs, after causing financial crises linked to SEC oversight and supervisory failures?
The answer: incompetence does not lose you an SEC job. Nor does causing trillions of dollars in public losses and remediation costs. The three actual reasons an SEC employee is terminated, and (usually, LOL) silenced:
Retaliation for telling on SEC agency dysfunction.
Greedy opportunity, to create a promotion and/or inflate a mediocre resume.
Female. The SEC public MD-715 reports to the Equal Employment Opportunity Commission disclose female SEC employees are terminated 4 times as often as male employees.ย
My story explains all three: consequences of telling truth, which in turn got in the way of DERA’s promotion / resume creation machine, and I was a female sacrificed in favor of male employees.
Here’s a few public examples of internal SEC Whistleblowers and their fates.