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.
