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Air marshal probe finds no widespread problems

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The Associated Press Updated 12:31 PM Tuesday, February 7, 2012

HEBRON, Ky. — A federal investigation of the air marshals' office at the Cincinnati/Northern Kentucky Airport has found no evidence of widespread discrimination or retaliation, but noted that employees' perceptions of such problems were "extensive."

The findings of the investigation by the Department of Homeland Security Office of Inspector General are due to be released Thursday, but were obtained in advance by The Kentucky Enquirer (http://bit.ly/xmDXff ).

The investigation started after air marshals began filing civil rights lawsuits at the federal courthouse in Covington. Seven lawsuits were filed claiming discrimination, retaliation and mismanagement. Five have been settled, and two are still pending.

Many details in the lawsuits haven't been released because federal prosecutors have been mostly successful in arguing that documents should be sealed and hearings closed in the interest of national security.

A report with findings of the probe shows more than half of air marshals stationed in Erlanger told investigators that discipline is unfair and used as a tool to retaliate against them. Almost as many said favoritism was tolerated.

"Although individual employees may have experienced discrimination or retaliation, our review does not support a finding of widespread discrimination and retaliation within FAMS," the report states. "However, employees' perceptions of discrimination, retaliation, and favoritism are extensive."

Attorney Shane Sidebottom, who represented five of the air marshals, said he hopes the report leads to changes.

"The numbers in the ... report speak for themselves," he said. "No employees should ever have to fear being retaliated against for doing the right thing. Let's hope that TSA takes this report seriously and implements the recommended policy changes to make for a better work environment ... "

The Transportation Safety Administration "took a proactive approach to the issues raised and has developed and implemented solutions ahead of the conclusion of the investigation," spokeswoman Kimberley Thompson wrote in an email statement. "While the (agency) faces organizational challenges, the (inspector general's office) notes that these challenges do not interfere with the mission of the agency."

The report concludes that the service is facing a difficult challenge due to its rapid growth after the Sept. 11, 2001 terrorist attacks. The number of air marshals increased from 33 to thousands in only a few years and underwent three organizational changes from 2003 to 2005.

"Tension and limited trust between non-supervisory and supervisory personnel, poor communication, and limited transparency are not only damaging morale, but are also are at the center of fears of retaliation and perceptions that management is mistreating its workforce," the report states. "We heard too many negative and conflicting accounts of events to dismiss them. Federal air marshals repeatedly portrayed their supervisors as vindictive, aggressive, and guilty of favoritism."

The report said employees worsened the situation by taking their bosses' actions out of context and misinterpreting decisions as harassment.

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Information from: The Kentucky Enquirer, http://www.nky.com

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February 07, 2012 05:24 PM EST

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