Tara Gustilo v. Hennepin Healthcare
Case Attorney: Nicholas Nelson
The Upper Midwest Law Center (UMLC) represents Dr. Tara Gustilo, a Filipino-American physician and former Chair of the Obstetrics-Gynecology Department at Hennepin Healthcare System (HHS), in a federal lawsuit alleging racial discrimination, retaliation, and reprisal.
Dr. Gustilo spent years building a high-performing, multi-racial team and working to create a welcoming environment for both patients and staff. But according to the lawsuit, that changed when she spoke out against internal policies she believed were divisive, discriminatory, and placed political ideology ahead of patient care.
What This Case Is About
This case centers on whether an employer can retaliate against a physician for speaking out on issues of public concern within her workplace.
Dr. Gustilo raised concerns about policies rooted in Critical Race Theory (CRT), including proposals for segregated care models and the organization’s involvement in broader political issues. UMLC argues that instead of addressing those concerns, HHS took action against her.
In April 2021, Dr. Gustilo was removed from her leadership role as Chair of the OBGYN Department and experienced a significant reduction in pay.
Allegations in the Lawsuit
The complaint alleges that Hennepin Healthcare:
- Retaliated against Dr. Gustilo for her views and advocacy
- Engaged in racial discrimination and reprisal
- Removed her from leadership despite strong performance and leadership history
- Damaged her professional reputation and career
UMLC argues these actions violated Dr. Gustilo’s constitutional rights and protections under federal law.
Case Developments
After initially being dismissed in federal district court, the case was revived on appeal.
In December 2024, the U.S. Court of Appeals for the Eighth Circuit reversed the lower court’s dismissal, allowing Dr. Gustilo’s claims to move forward. The case is now headed toward a jury trial.
The appellate court’s decision marks a significant step forward and affirms that Dr. Gustilo’s claims deserve to be heard.
Why It Matters
This case raises broader questions about the role of political ideology in healthcare institutions and the rights of medical professionals to speak openly without fear of retaliation.
At stake is whether doctors can raise concerns about workplace policies, especially those affecting patient care, without risking their careers.
UMLC continues to pursue this case to ensure that medical professionals are free to advocate for their patients and express their views without facing discrimination or retaliation.