Dr. Tara Gustilo sued Hennepin Healthcare System, Inc. (HHS) in the United States District Court for the District of Minnesota, claiming race discrimination and retaliation under Title VII and the Minnesota Human Rights Act (MHRA), and First Amendment retaliation under 42 U.S.C. § 1983. The district court granted summary judgment to HHS on all claims, and Dr. Gustilo appealed to the Eighth Circuit Court of Appeals.
Factual Overview
Dr. Gustilo, an Asian American woman of Filipino descent, worked as an OB-GYN at HHS since 2008 and served as Department Chair from 2015 until April 2021. During the COVID-19 pandemic and after George Floyd’s murder in 2020, tensions arose in the department over Dr. Gustilo’s leadership and her social media posts on controversial topics including critical race theory, Black Lives Matter, and COVID-19. Department physicians complained about her posts and leadership style, leading to an investigation and negative review. When Dr. Gustilo refused to step down voluntarily, HHS’s Medical Executive Committee voted 25-1 to remove her as Chair, with the Board later approving the decision unanimously.
Legal Analysis
First Amendment Retaliation: The court focused on whether HHS’s Board ratified both the MEC’s decision and the basis for that decision, including consideration of Dr. Gustilo’s Facebook posts. The court found a genuine dispute of material fact existed regarding ratification, noting that the Board likely knew about the social media posts through the “Hilden Memo” and because two Board members were also on the MEC. The court also noted that the protected speech analysis under Pickering would need to be addressed on remand.
Title VII and MHRA Claims: The court declined to review the district court’s dismissal of the discrimination and retaliation claims under Title VII and the MHRA at this time. Because the First Amendment claim was being remanded, these claims became interlocutory and could be revisited by the district court based on new evidence or changed circumstances.
The Eighth Circuit reversed the grant of summary judgment on the First Amendment retaliation claim and remanded for further proceedings, while declining to review the Title VII and MHRA claims at this time.
Schrag on Law 