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The Fourth Circuit Court of Appeals has revived part of a discrimination suit filed by Tijuana Decoster, a Black former chief grants management officer with the National Institutes of Health (NIH). In a published opinion, a three-judge panel ruled Wednesday that the Maryland federal court incorrectly dismissed Decoster's retaliation claim, stating that the lower court did not adequately assess the complaint's allegations regarding retaliation under Title VII of the Civil Rights Act.

4th Circuit Revives NIH Race Bias Suit : Retaliation Claim Restored

While the district court had correctly dismissed Decoster’s hostile work environment and constructive discharge claims, the Fourth Circuit found that the retaliation claim should not have been tossed. The panel explained that Decoster’s lawsuit adequately outlined a retaliation claim, which should have been considered independently of any administrative findings made by NIH. “Decoster properly placed both the merits and remedy of her retaliation claim at issue by filing her complaint containing allegations which sufficiently state a claim of retaliation under Title VII,” the panel stated. The court clarified that Decoster was seeking a de novo review of her retaliation claim, meaning the district court should have evaluated it without relying on the NIH’s administrative findings.

Allegations of Hostility and Retaliation

Decoster’s lawsuit alleges that her NIH supervisor subjected her to a hostile work environment, regularly berating her and showing favoritism to an Asian colleague. She was also given a "letter of expectation" regarding her job performance, with instructions to hold weekly review meetings that never occurred. After raising concerns with the U.S. Department of Health and Human Services' Office of Equal Employment Opportunity, Diversity and Inclusion (EEO), Decoster claims her supervisor retaliated by removing her from an approved work detail and suggesting she take a "terminal detail," after which she would no longer work for NIH. Crucially, Decoster alleges that the terminal detail offer was conditioned on her agreeing to withdraw her EEO complaint, which forms the basis of her retaliation claim. The Fourth Circuit found this allegation sufficient to pursue her claim, reversing the lower court’s dismissal and remanding the case for further proceedings on the retaliation issue.

Dismissal of Hostile Work Environment and Constructive Discharge Claims

The panel upheld the district court’s decision to dismiss Decoster’s hostile work environment and constructive discharge claims. It found that while Decoster’s supervisor’s behavior may have been inappropriate, the alleged conduct was not severe enough to support those claims under Title VII standards.

4th Circuit Revives NIH Race Bias Suit : Legal Reactions and Next Steps

Eden Brown Gaines, Decoster’s attorney, expressed disappointment that much of the panel’s ruling upheld the dismissal of her other claims but praised the court for reviving the retaliation claim. "The words in the complaint are obviously what the district court should have been looking to, and I am grateful the Fourth Circuit decided Dr. Decoster's retaliation claim should proceed," Gaines said.