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.
