Researcher Loses Reprisal Dismissal Claim

Case: A lab research scientist at Ohio State claimed he was targeted for retaliation after reporting alleged misuse of federally regulated infectious agents and viruses to campus police. Among other things, he contended that his superiors thwarted his attempts to apply for outside employment, made negative comments in annual performance reviews and threatened to terminate him. The Ohio federal court dismissed his First Amendment and discrimination complaints against the university. Significance: The U.S. Court of Appeals for the Sixth Circuit rejected the researcher’s appeal. As a public employee, the researcher had to prove that: i., he spoke on a matter of public concern; ii., his speech interest outweighed the interests of the state; and iii., he spoke as a private citizen and not an employee pursuant to his official duties. The researcher was speaking as an employee, the court concluded, noting that he worked in a virus research lab and was charged with handling infectious materials. The national origin and religious discrimination claims failed because the statute of limitations had run out. [Khatri v. Ohio State Univ., 2022 U.S. App. LEXIS 2170].