Chaplains' Complaints Of Bias Rise At NIH

The spiritual ministry department of the National Institutes of Health, which serves patients being treated in the nation's premier research hospital, is in disarray and battling a lawsuit and discrimination complaints that allege bias against Jewish and Catholic chaplains.

In February, a federal panel ordered the hospital to reinstate a Catholic priest who was wrongfully fired in 2004. In January, the Equal Employment Opportunity Commission had found that he was the target of "discriminatory and retaliatory animus." Three other former chaplains have said that they also were wrongfully terminated.

They have accused O. Ray Fitzgerald, a Methodist minister and the former head of the spiritual ministry department, of anti-Semitism and anti-Catholicism. They say that NIH retaliated against them when they spoke up and invented reasons for terminating them.

Fitzgerald was demoted from the chief chaplain's post two weeks ago after the EEOC, which cited the "animus," and the Merit Systems Protection Board ordered the rehiring of and back pay for the priest, the Rev. Henry Heffernan.

NIH officials "endorsed intolerance, and they reinforced intolerance with intolerance," said Rabbi Reeve Brenner, who testified last year in support of the priest and was fired as a hospital chaplain in February. He has filed a complaint with the Merit Board, an agency that hears federal personnel disputes, saying that he was removed by NIH as retribution for his testimony.

Another ousted chaplain, Greek Orthodox lay minister Edar Rogler, is suing the Department of Health and Human Services, NIH's parent agency, saying that she also was removed for testifying in support of Heffernan. In her lawsuit, filed last month in U.S. District Court in Maryland, and in her testimony in Heffernan's case, she says NIH officials hatched a plan, "Operation Clean Sweep," to purge staff members who cooperated in the priest's complaint.

Rogler alleges that Fitzgerald made frequent anti-Semitic comments about Brenner. In her lawsuit, she says that Fitzgerald referred to Brenner as "the butthead Jew" and "the crass Jew."

"He would not refer to the rabbi ever by his name," Rogler said in an interview. "It was always 'that Jew, that Jew.' " She was fired from her part-time chaplain's job in 2005 after she said she informed NIH officials that she planned to testify before the EEOC on behalf of Heffernan. The EEOC called her testimony more credible than Fitzgerald's.

NIH spokesman Don Ralbovsky confirmed that the clinical center has replaced Fitzgerald as chief chaplain. Fitzgerald's boss -- Walter Jones, deputy director of diversity management at NIH -- is running the department temporarily, Ralbovsky said. Fitzgerald continues to work as an NIH chaplain.

Ralbovsky would not comment on the allegations. Fitzgerald did not return calls to his office and his home.

But in letters to Rogler and in filings with the EEOC, NIH officials say that they fired Rogler for poor performance and that she didn't come forward with her complaints about Fitzgerald until after she was terminated.

The hospital's chief operating officer, Maureen Gormley, said in a letter to Brenner that he was being terminated for several infractions, including commingling his job as a federal employee with outside activities and being absent without leave for a day.