Ninth Circuit Affirms Dismissal of Former U.S. Department of Agriculture Employee’s Federal Disability Discrimination and Whistleblower Retaliation Lawsuit

Spokane – Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced today that the U.S. Court of Appeals for the Ninth Circuit affirmed the dismissal of a disability discrimination and whistleblower retaliation lawsuit brought by a former federal employee of the U.S. Department of Agriculture (USDA).

According to information disclosed during the court proceedings, Wendy Alguard, of Yakima, Washington, sued the Department of Agriculture claiming that the Agricultural Marketing Service, where Alguard worked as a commodity food grader, reassigned her after she reported that the Snokist cannery was hiding totes of moldy applesauce in 2011. Alguard claimed that the agency punished her for whistleblowing, by reassigning her and eventually removing her from federal service when she refused a directed reassignment. Alguard initially brought administrative claims before the Office of Special Counsel (OSC), the USDA’s EEO Office, and the Merit System Protection Board (MSPB). She withdrew her claim before the OSC and lost before the USDA and MSPB and the lawsuit sought review of those decisions. Alguard sought damages of approximately $600,000.00.

Chief Judge Thomas O. Rice dismissed the disability discrimination claim in August of 2015. Alguard filed her appeal with the Court of Appeals in October 2015. After two rounds of briefing, the Court of Appeals affirmed Chief Judge Rice’s order dismissing the case. The Court of Appeals found that the agency showed substantial evidence that overstaffing and declining work led to the decision to reassign Alguard, that any evidence of a retaliatory motive was weak at best, and that the agency correctly identified which workers would be reassigned.

Joseph H. Harrington stated, “Claims of employment discrimination and whistleblowing in federal employment are taken seriously. But when meritless lawsuits are brought, the United States Attorney’s Office for the Eastern District of Washington is dedicated to vigorously defending those suits and protecting the public purse.”

This case was defended by Rudy J. Verschoor, an Assistant United States Attorney for the Eastern District of Washington.