FORMER DEPARTMENT OF HEALTH EMPLOYEE APPEALS RETALIATION DISMISSAL

PRESS RELEASE

For more information call Christopher Watkins (845) 469-1277

FORMER DEPARTMENT OF HEALTH

EMPLOYEE APPEALS RETALIATION DISMISSAL

CHESTER, N.Y. (PRWEB) -- A former New York City Department of Health official will appeal the dismissal of her whistleblower lawsuit which alleges that she was fired in retaliation for reporting a conflict of interest between her supervisor and one of the bidders for a DOH contract.

Kwardua Vanderpuye, was fired from her position as Associate Staff Analyst with the Childhood Asthma Initiative at the DOH, as she performed her duties as Contracting Officer to oversee the bidding process for a $3 million contract with the Agency. Her dismissal occurred shortly after revealing to the Departments Chief Contracting Officer that her supervisor, Louise Cohen, had been a recent employee of a subcontractor bidding on the award whose proposal she was evaluating along with competing bids.

On April 30, 2003, U.S. District Judge Barbara Jones dismissed the lawsuit prior to trial on the ground that Vanderpuyes speech -- while protected by the First Amendment -- was outweighed the agencys interest in maintaining an orderly workplace. While Judge Jones held that Vanderpuyes speech disrupted the workplace, Vanderpuye disputes that contention and maintains that she was ethically bound by The Procurement and Policy Board Rules to report her supervisors conflict.

Subsequent to Vanderpuyes firing, Cohen was promoted within the agency.

Vanderpuye has appealed Judge Jones decision to the Second Circuit Court of Appeals.