The Fourth Circuit just reversed the district court (Judge Titus, D. Md.), by reinstating a federal employee’s CSRA and Whistleblower Protection Act claims. However, the Fourth Circuit affirmed the dismissal of the Title VII claims.
The factual background of this case is quite complex -- suffice it to say that the plaintiff worked at NIH and raised concerns about certain experimental treatments for sickle cell anemia. The district court reasoned, inter alia, that since the plaintiff only complained to a supervisor, she could not state a WPA claim, but the Fourth Circuit rejected that as impermissibly narrowing the scope of WPA claims, particularly where this supervisor was not the individual responsible for the wrongdoing, and because the WPA does not require reporting to a person who had the ability to address the problem. Also, the Fourth Circuit found that since reporting these problems was not part of plaintiff’s job duties, her reports were covered by the WPA.
The decision also has a lengthy discussion as to whether the plaintiff properly exhausted her CSRA claims, which she did by virtue of her EEO charge.
The case is remanded for trial on the CSRA and WPA wrongful termination/retaliation claims.
http://pacer.ca4.uscourts.gov/dailyopinions/opinion.pdf/092179.P.pdf
Bonds v. Leavitt, No. 09-2179 (4th Cir. Jan. 3, 2011)
Comments