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Shove at a bar after work leads to potential federal assault case

March 2023 employment law letter
Authors: 
Danielle G. Eanet, Eanet, PC

While at a bar at the U.S. embassy compound in Baghdad, Iraq, Sana Kappouta was shoved by a drunk coworker but wasn’t injured. After she reported the incident, her employer tried to transfer her to a different position. Before she could accept the transfer, however, she was fired.

Background

Kappouta worked as a linguist for Valiant Integrated Services on a United States Department of Defense (DoD) contract. While at Valiant, she worked and resided at a U.S. Embassy compound in Baghdad. In December 2017, at the Embassy bar after work, a coworker shoved her and nearly knocked her down. Later that night, she recounted the incident to her supervisor, who was the coworker’s friend. She urged Kappouta not to “make any problems,” explaining that the coworker was drunk.

The next morning, Regional Security Officers (RSOs) from the State Department contacted Kappouta and pressured her to make a formal complaint about the incident. She declined at first, expressing fear of retaliation and losing her job. The RSOs informed Valiant management about the incident. They again pressured her to report the shove, assuring her there would be no repercussions for her. Kappouta then provided a written statement to the RSOs including the fact that she’d been asked to do so and that it was “just for the records and not as a report.”

In January 2018, Kappouta was told she was being transferred and that it was at the behest of her Army unit. Her manager told her that if she didn’t accept the transfer, she’d lose her job.

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