United States Fourth Circuit

In plaintiff's suit against the then-Secretary of Health and Human Services, alleging Title VII claims, that she was retaliated against in violation of the Whistleblower Protection Act (WPA), and that she was unjustifiably terminated in violation of the Civil Service Reform Act of 1978 (CSRA), district court's judgment is affirmed in part, reversed in part, and remanded where: 1) because plaintiff's CSRA claim is firmly grounded in her EEO charge, district court's dismissal of the CSRA claim is reversed and remanded; 2) the district court erred in granting summary judgment against plaintiff on her WPA claim as she created genuine issues of material fact regarding whether sections 2302(b)(8)(B) and 2302(b)(8)(A), were violated; but 3) the district court was correct to grant summary judgment against plaintiff on her Title VII claims that she was exposed to a hostile work environment, that she suffered illegal retaliation, and that she was discriminated against because of her race and gender.

Appellate Information

• Argued 10/26/2010
• Decided 01/03/2011
• Published 01/03/2011

Judges

• TRAXLER

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• Michael Kohn, Allen F. Loucks