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Appeals court revives lawsuit of doctor who says she was demoted for political beliefs
Alpha News ^ | December 11, 2024 | Hayley Feland

Posted on 12/11/2024 6:15:32 PM PST by george76

Dr. Tara Gustilo, a former department chair at Hennepin Healthcare, says she was demoted because of her criticism of Black Lives Matter and critical race theory..

In a significant development, the Eighth Circuit Court of Appeals has reversed a lower court’s dismissal of a lawsuit filed by Dr. Tara Gustilo against Hennepin Healthcare System (HHS).

The decision, announced this Monday, sends the case back to the lower courts, marking a victory for Gustilo.

Gustilo, a Filipino-American and former chair of the Obstetrics-Gynecology (OBGYN) Department at HHS, filed the lawsuit in 2021. The Upper Midwest Law Center (UMLC), representing Gustilo, argues that her demotion and $150,000 salary reduction were unjust actions tied to her opposition to critical race theory (CRT) policies at HHS.

Gustilo’s complaint outlines her concerns with the prevalence of CRT views at HHS and the actions her superiors took when she began sharing her opinions. She said she voiced concerns when a program she helped establish—intended to foster cultural understanding—evolved into one promoting “racially segregated care.” Gustilo also objected to the department’s endorsement of a Black Lives Matter event, citing a conflict with HHS’s policy against political affiliations.

Additionally, HHS reportedly took issue with Dr. Gustilo sharing her anti-CRT views on her personal Facebook page. They said her posts hindered her “ability to lead,” which culminated in her removal as department chair in April 2021, according to her lawsuit.

The lawsuit explains that Gustilo made various posts on Facebook criticizing “CRT and aspects of the Black Lives Matter movement as movements and teachings that contradicted the principle of equality under the U.S. Constitution.” In these posts, she also referred to COVID-19 as the “China virus” and expressed support for President Donald Trump, the lawsuit states.

“It was not until she, as a person of color who had previously been celebrated, spoke out against CRT that she was instead deemed unqualified, unable to lead her team, and even questioned as having a mental breakdown,” says the lawsuit. “Plaintiff was demoted when she refused to subscribe to the ideology expected of her as a person of color and was instead punished for her ‘internalized whiteness.'”

The lawsuit alleges, among other things, that the demotion violated Gustilo’s “constitutional rights because her protected speech was a basis for her demotion.”

In response to the initial lawsuit, Hennepin Healthcare said in court documents that Gustilo was demoted because of her “documented lack of leadership that brought the department to the brink of implosion.”

A federal district court later dismissed Gustilo’s lawsuit, but that decision was reversed this week by the Eighth Circuit Court of Appeals.

“We reverse the grant of summary judgment on the First Amendment retaliation claim and remand for further proceedings,” the appeals court said, noting that prior to 2020, Gustilo “received generally positive performance reviews.”

Dr. Gustilo is seeking damages for the professional and personal harm she says she has suffered.

“Political ideology and discrimination have no place in our healthcare system,” said UMLC attorney James Dickey. “Hennepin Healthcare System Inc.’s retaliation violated Dr. Gustilo’s constitutional rights, and the Court of Appeals recognized that this case has merit and deserves to be heard. Dr. Gustilo is an exemplary doctor who is entitled to voice her beliefs and fight back against their unjust and discriminatory practices that put a political agenda over patient care.”


TOPICS: Crime/Corruption; Culture/Society; Government; News/Current Events; Politics/Elections; US: Minnesota; War
KEYWORDS: blm; crt

1 posted on 12/11/2024 6:15:32 PM PST by george76
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To: george76

This is a very silent stealth bombshell, and slowly as word spreads through the underground the idiots who engaged in cancel culture will start shaking because this is going to be the firestorm that burnd down the house of wokeness. There isn’t enough money in all the treasury debt in the United States to pay off the damages for the broad conspiracy against rights launched by the left.


2 posted on 12/11/2024 6:19:50 PM PST by AndyJackson
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To: george76

Minneapolis


3 posted on 12/11/2024 6:27:09 PM PST by jjotto ( Blessed are You LORD, who crushes enemies and subdues the wicked.)
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To: AndyJackson

This is part of the fallout from the Supreme Court decision on affirmative action. Pretty easy to say that conceptually, DEI that crosses into any kind of affirmative discrimination is both illegal of done by private entities, and unconstitutional when done by the government. Complaints about it are going to be protected as well.


4 posted on 12/11/2024 6:37:22 PM PST by Bruce Campbells Chin ( )
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To: george76

The issue is whether or not you can be fired for telling the truth when your boss doesn’t want the truth to be told.


5 posted on 12/11/2024 7:23:21 PM PST by norwaypinesavage (Freud: projection is a defense mechanism of those struggling with inferiority complexes)
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To: norwaypinesavage

Your point is well taken! In that case, though, we had a good idea of where the balloon came from and what it was doing.

In the case of these drones, no one knows, or will admit, their genesis.

If we shot one down, that would be discernable. That tells me the US government likely knows what they are and what they are doing, and desires to keep it secret. The fact that they are well lit says to me that they are intended to be seen.


6 posted on 12/12/2024 6:47:49 AM PST by norwaypinesavage (Freud: projection is a defense mechanism of those struggling with inferiority complexes)
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To: george76

A $150,000 salary reduction? What was her salary with the reduction?


7 posted on 12/12/2024 7:02:50 AM PST by NetAddicted (MAGA2024)
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