Summary of Gustilo v. Hennepin Healthcare System, Inc., a case decided by Eighth Circuit Judge James Loken, joined by Judges Ralph Erickson and Steven Grasz:
Dr. Tara Gustilo, an Asian American woman of Filipino descent, served as Department Chair of the OBGYN Department of Hennepin Healthcare System, Inc. from 2015 until April 2021, when she was demoted. Issues arose in 2020 due to stress and conflict within the Department, including controversies related to her social media posts, political views, and leadership style.
In response to various incidents, such as posting about political issues on Facebook, asking Department physicians to donate part of their salaries, and disagreements over language in a letter regarding racial justice, concerns were raised about Dr. Gustilo’s leadership. The Department also faced internal strife over her views on issues like critical race theory and police funding.
After a series of negative interactions and feedback from Department members, including a negative survey report from the Human Systems Dynamic Institute, it was determined that there was no way forward under Dr. Gustilo’s leadership. Following a “devastatingly bad” evaluation, she was asked to voluntarily step down as Chair.
Dr. Gustilo refused to step down as Department Chair at HHS, citing political beliefs opposing Critical Race Theory. She was placed on involuntary leave, and Dr. Laura Nezworski became interim Department Chair. Despite pressure from colleagues, Dr. Gustilo declined to permanently step down. HHS initiated Chair removal procedures, leading to a vote by the Medical Executive Committee (MEC) to remove Dr. Gustilo. The Board unanimously approved her removal as Chair.
Dr. Gustilo sued, claiming her demotion was based on her Facebook posts and violated her First Amendment rights. The district court initially ruled in favor of HHS, but the Eighth Circuit panel disagreed, stating that the issue of whether her posts were protected speech required further consideration.
The court will need to assess whether Dr. Gustilo’s Facebook posts addressed matters of public concern and balance her rights as a citizen against HHS’s interests as an employer. This complex task involves weighing multiple factors and may require a trial to resolve any factual disputes.
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