james t hayes, jr., the head of of the office of immigrations and custom enforcement. in a retaliation lawsuit hayes says secretary janet napolitano favored female employees and favored them over better qualified male employees. in two affidavits filed by other i.c.e. employees as part of the hayes lawsuit. it is alleged chief of staff suzanne barr during discussions of halloween plans and turned to a employee and said, quote, you re a sexy ex-plo tiff deleted. she looked in her lap and said expletive deleted. we ll not get into the two details but two employees laughed nervously. the names of workers making the claims have been redacted. another trip to colombia in late 2009, where suzanne barr was described drinking heavily at the house of mission for the u.s. embassy there. the affidavit says during the party, suzanne barr
approached me and offered to perform a sex act. i got off the telephone with the attorney who represents plaintiff, james hayes. attorney morris fisher says people continue to come out of the woodwork regarding allegations. we shall see. jenna: any response from the department of homeland security, doug? reporter: dhs has issued a statement in part, quote, i.c.e. has referred the allegations to the dhs office of inspector general and i.c.e. office of professional responsibility for review. miss barr voluntarily placed herself on leave pending the outcome of this review. further, i.c.e. public affairs director brian hale said in a written statement that the department would respond directly and strongly to this lawsuit in court. to be continued, jenna. jenna: that s for sure, doug. thank you. reporter: yeah. jon: right now scientists are saying mutant butterflies are part of the fallout from last year s nuclear disaster in japan. rick folbaum is on it from the breaking news desk.