Bonds v. Leavitt, 09-2179

Plaintiff's suit under Title VII, the Whistleblower Protection Act, and Civil Service Reform Act

Bonds v. Leavitt, 09-2179, concerned a 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).


The court held that, because plaintiff's CSRA claim is firmly grounded in her EEO charge, district court's dismissal of the CSRA claim is reversed and remanded.  The court also held that 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.  However, the court held that 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.

Related Link:

• Read the Fourth Circuit's Full Decision in Bonds v. Leavitt, 09-2179