Appeals court revives lawsuit of doctor who says she was demoted for political beliefs

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.”

Hayley Feland

Hayley Feland previously worked as a journalist with The Minnesota Sun, The Wisconsin Daily Star, and The College Fix. She is a Minnesota native with a passion for politics and journalism.