By Jacqueline L. Salmon
Washington Post Staff Writer
Saturday, April 14, 2007; Page A01
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.
The former chaplains say that tensions have simmered in the department for years under Fitzgerald. The hospital, a clinical research center, employs about a half-dozen chaplains of various faiths, but in recent years turnover has been unusually high. At least seven have been ousted or have left voluntarily because they were unhappy with Fitzgerald's management style, said several former members of the department.
The Rev. Gary Johnston, who worked there for 18 years before leaving in 2002 to become a Protestant military chaplain, said in an interview that Fitzgerald told him he didn't want rabbis and Catholic priests in the department.
Fitzgerald, the EEOC said, retaliated by suspending Heffernan for five days in early 2004 for coming in on his days off, despite Fitzgerald's order not to. Heffernan held Mass for a priest who fell ill. Fitzgerald also demanded that Heffernan take entry-level training in hospital chaplaincy, despite his 40 years of experience in the field and the fact that other chaplains were not required to do so.
In July 2004, Heffernan was fired. At Heffernan's EEOC hearing last year, Brenner and Rogler testified that they had heard Fitzgerald express anti-Catholic sentiments against the priest. Rogler testified that Fitzgerald told her that Catholic priests are pedophiles.
"They singled out Father Heffernan . . . so they could get him out of there," Brenner said. "That was the most offensive thing -- this 75-year-old man who had more wisdom and integrity in his fingertips than his superiors had in all their lives."
In February, the Merit Board ordered Heffernan reinstated. In a separate ruling, the EEOC ordered NIH to accommodate the priest's desire to see only Catholics, except in emergencies.
The EEOC said that Fitzgerald's testimony was evasive and that statements by Rogler and Brenner at the hearing provided "corroborating testimony" to show that Fitzgerald was biased against Roman Catholics.
"I considered him to be very anti-Catholic and anti-Semitic," Johnston said.
The chaplains tend to the spiritual needs of patients in the two adjacent buildings on the Bethesda campus which make up the hospital -- the 14-story Warren Grant Magnuson Clinical Center and the Mark O. Hatfield Clinical Research Center.
Patients from all over the world are treated as part of clinical studies related to a variety of issues, including weight loss, allergies, substance abuse, heart disease and cancer. The center has about 7,000 inpatient admissions and 100,000 outpatient visits each year.
In testimony and in an interview, Heffernan, who joined the department in 1994, said he protested that the hospital's Catholic patients were being unfairly short-changed because Fitzgerald demanded that Heffernan minister to non-Catholic patients.
He said this left him with not enough time to minister to all of his Catholic patients. Heffernan also was concerned with what he called Fitzgerald's "generic chaplaincy" approach, because non-Catholic chaplains are unable to perform the Catholic sacraments, such as hearing confessions and performing last rites.
Fitzgerald, the EEOC said, retaliated by suspending Heffernan for five days in early 2004 for coming in on his days off, despite Fitzgerald's order not to. Heffernan held Mass for a priest who fell ill. Fitzgerald also demanded that Heffernan take entry-level training in hospital chaplaincy, despite his 40 years of experience in the field and the fact that other chaplains were not required to do so.
In July 2004, Heffernan was fired. At Heffernan's EEOC hearing last year, Brenner and Rogler testified that they had heard Fitzgerald express anti-Catholic sentiments against the priest. Rogler testified that Fitzgerald told her that Catholic priests are pedophiles.
"They singled out Father Heffernan . . . so they could get him out of there," Brenner said. "That was the most offensive thing -- this 75-year-old man who had more wisdom and integrity in his fingertips than his superiors had in all their lives."
In February, the Merit Board ordered Heffernan reinstated. In a separate ruling, the EEOC ordered NIH to accommodate the priest's desire to see only Catholics, except in emergencies.
The EEOC said that Fitzgerald's testimony was evasive and that statements by Rogler and Brenner at the hearing provided "corroborating testimony" to show that Fitzgerald was biased against Roman Catholics.
Rogler said Jones and Gormley fired her after she informed Jones that she would testify on behalf of Heffernan.
In a letter terminating Brenner, Gormley acknowledged that Brenner had an acceptable job performance record during his five years at NIH. But, among other complaints, she accused him of mixing private and clinical work by forming a temple to which he improperly transported Jewish patients for services.
But Brenner, who has appealed his removal to the Merit Board, said that NIH officials never objected to his activities until he testified at Heffernan's hearing.
Heffernan, Rogler and Brenner have won praise from patients.
Howie Appel, whose wife, Marla, has kidney cancer, said that Brenner has visited them twice during Marla's stays and that Brenner performed Friday night religious services in their room.
"He was our only connection to our religion up here," said Appel, who lives with his wife in Lake Mary, Fla. "I admire the guy, and I'm so glad we met him."
Benjamin Rubin, an NIH doctor and a rabbi who occasionally filled in for Brenner, said he was informed that his physician's contract would not be renewed last month.
Rubin said he had complained about the NIH hospital's treatment of observant Jewish patients. Among other problems, he said, an NIH official brushed off his concerns about the lack of worship facilities for Jews on NIH's campus by saying that they could be transported to services off campus. But Orthodox Jews do not drive on the Sabbath because they believe it violates Torah prohibitions against Sabbath work.
Heffernan returned to work in late March and has since been working 12-hour days to catch up. The chaplains' office is struggling, he said.
"It was a sad situation then," he said, "and it's a sad situation now."
