Gina Latture v. Priority Life Care, LLC
CourtCourt of Appeals for the D.C. Circuit
Date FiledSeptember 8, 2026
Docket25-7063
StatusPublished
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Full Opinion
United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
Argued December 9, 2025 Decided September 8, 2026
No. 25-7063
GINA LATTURE,
APPELLANT
v.
PRIORITY LIFE CARE, LLC,
APPELLEE
Appeal from the United States District Court
for the District of Columbia
(No. 1:23-cv-01364)
David A. Branch argued the cause and filed the briefs for
appellant.
James J. Murphy argued the cause for appellee. With him
on the brief was Matthew W. Brown.
Before: WILKINS, RAO, and WALKER, Circuit Judges.
Opinion for the Court filed by Circuit Judge WILKINS.
Concurring opinion filed by Circuit Judge WILKINS.
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WILKINS, Circuit Judge: Priority Life Care, LLC (“PLC”)
is a family-run business that manages senior living
communities throughout the United States. In January 2021,
PLC hired Gina Latture, a Black woman, as Director of Sales
and Marketing at Livingston Place, a newly constructed
assisted living community for low-income residents located in
southeast Washington, D.C. She was fired roughly seven
months later for insubordination and lack of professionalism.
Latture filed this lawsuit against PLC, alleging: (1) common
law claims of wrongful termination in violation of public
policy and tortious interference with business relations, and (2)
claims for racial discrimination, retaliation, and hostile work
environment under Title VII of the Civil Rights Act of 1964,
42 U.S.C. § 2000e et seq. The District Court dismissed the
common law claims and later granted summary judgment in
favor of PLC on the Title VII claims.
For the reasons set forth below, we affirm the District
Court’s dismissal of the common law claims, as well as the
grant of summary judgment to PLC on the discrimination and
retaliation claims. In reviewing the latter, we view the
evidence in the light most favorable to the nonmoving party.
See Bunting v. D.C. CVS Pharm., LLC, 172 F.4th 36, 39 (D.C.
Cir. 2026). Though we likewise affirm on the hostile work
environment claim, we do so on the alternative ground that it
is untimely.
I.
Gina Latture commenced her employment at PLC on
January 4, 2021, and was charged with preparing Livingston
Place for its grand opening in the coming months. To see that
through, Latture’s principal job responsibilities were to
“[m]anage and create strategic initiatives to maximize
admissions” and to “build, grow[,] and maintain an acceptable
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facility census level” for Livingston Place. J.A. 219. An
essential part of the role included collaborating with “local
community agencies to generate a positive facility image,”
“[c]onduct[ing] admission screening of potential residents,”
and “ensur[ing] appropriate admission papers and signatures
[were] obtained from residents or responsible parties prior to
admission.” J.A. 219.
From the outset, Latture reported directly to Gail Jernigan,
who had been hired by PLC in December 2020 to serve as
Executive Director of Livingston Place. The two eventually
relocated to a three-bedroom apartment designated as a satellite
office to lay the groundwork for Livingston Place’s official
debut. Latture also worked alongside Michelle Pierson, the
Business Office Manager, who later transitioned to working
on-site at the satellite office, as well as Tammy Gerardot—the
Regional Director of Operations who had also hired Latture.
Gerardot was based out of PLC’s headquarters in Fort Wayne,
Indiana but occasionally visited the satellite office to conduct
site visits and assess Livingston Place’s progress. J.A. 529–
534. Gerardot, Jernigan, and Pierson are all white women.
During the spring of 2021, Latture alleges that she was
subjected to a series of racially discriminatory comments by
Gerardot, Jernigan, and Pierson. These comments were made
either directly in Latture’s presence or in spaces close enough
that she could hear. For Gerardot, they included references to
local Black residents in the surrounding area as “you people”
and “these people,” remarks that “[t]hey live in the ghetto,” and
commentary describing a group of Black men gathered at a gas
station near the satellite office as “monkeys” and a “pack of
animals.” J.A. 12–13. In Jernigan’s case, the comments went
so far as to call Ashley Lawrence, a non-PLC employee who
was also working in the satellite office, an “ignorant black
bitch.” J.A. 13. When Latture confronted Jernigan about her
4
derogatory comment, Jernigan replied, “[w]ell, at least I didn’t
call her the N-word.” J.A. 13. Pierson offered remarks that
associated Black residents with being “dirty.” J.A. 13–14.
She also described a Black woman loitering outside of a liquor
store near the satellite office as “smell[ing] like [c]ooch.” Id.
During one visit to the satellite office, another white PLC
employee, Clayton Brightwell, echoed similar sentiments,
describing “the area surrounding the facility” as “the straight
up hood with nothing but ghetto [B]lacks and hood rats.”
J.A. 13, 535. Save for Latture’s objection to Jernigan’s
“ignorant black bitch” statement, Latture did not report any of
the other discriminatory comments to Human Resources due to
the “family structure at PLC” and her fear of losing her job.
J.A. 561.
By the time Livingston Place officially opened on June 4,
2021, the 150-unit facility only had one resident. That tally
reached three residents by July 2, 2021. These subpar numbers
led PLC management to investigate potential root causes,
which revealed that Latture had not been consistently utilizing
various marketing tools and tracking metrics to manage
prospective client inquiries or execute targeted email
campaigns to optimize outreach.
These issues persisted, and Latture was officially placed
on a formal Performance Improvement Plan (“PIP”) by
Jernigan on July 6, 2021. The PIP flagged three areas of
concern that touched on Latture’s failure to: (1) leverage email
campaigns to scale outreach; (2) make use of PLC’s internal
tracking systems to monitor leads and referrals; and (3) utilize
marketing programs to manage residential inquiries. Latture
expressed frustration about the PIP through a series of
comments to Jernigan, for which she later apologized.
5
Matters reached a breaking point during a morning
meeting held on August 9, 2021, in which Jernigan asked
Latture if she had followed through on a call to a prospective
resident over the weekend. According to Jernigan, Latture
“angrily” replied that “she doesn’t work weekends, that the
weekends were her time.” J.A. 385, 448. The situation further
soured when Jernigan went to Latture’s office and Latture “got
very verbal with [her].” J.A. 385. Pierson intervened
thereafter to smooth things over, but Latture aimed additional
verbal comments at her too. J.A. 385.
On August 11, 2021, Jernigan, Gerardot, and Brandie
Petras, Vice President of Sales and Marketing, discussed via
email Latture’s outburst on August 9. J.A. 450, 452–54, 463–
64. Gerardot questioned whether Latture was “doing more
harm than good” and recommended that she be fired for
“insubordination or aggressive behavior.” J.A. 453, 543.
Gerardot wrote that Latture’s “insubordination and behavior
towards coworkers has exceeded the limitation of our
acceptance” and that Latture had failed to complete the
required training videos outlined in her PIP. J.A. 482–83.
Latture was terminated from PLC the following day, on
August 12, 2021. J.A. 460. The termination was based on
Latture’s “continued insubordination and unprofessionalism
displayed on 8/9/2021 toward [her] supervisor, Gail Jernigan
and the Business Office Manager, Michelle [Pierson],” which
“reveal[ed] [her] inability to follow . . . standards of conduct.”
J.A. 327. That same month, Gerardot hired Brandon Webb, a
Black man, to replace Latture as Director of Sales and
Marketing at Livingston Place. J.A. 545, 649.
Latture obtained an employment offer from Maple
Heights Assisted Living (“Maple Heights”) on November 23,
2021. J.A. 546–47. According to her complaint, she signed
6
and returned the offer letter, only to have it rescinded shortly
thereafter. J.A. 25–26. The complaint attributed the rescission
to “disparaging comments” made by “[i]ndividuals from
[PLC]” about her “to Maple Heights representatives at a joint
Medicaid Provider meeting” and that “no one want[ed] to work
with her” after “being made aware of [her] bad reputation.”
J.A. 26.
Latture filed a charge of discrimination with the Equal
Employment Opportunity Commission (“EEOC”) on May 26,
2022. She initially filed this lawsuit in the District of Columbia
Superior Court on February 17, 2023, alleging: (1) common
law claims for wrongful termination in violation of public
policy and tortious interference with business relations, and (2)
Title VII claims based on race discrimination, retaliation, and
hostile work environment. PLC timely removed the action to
the District Court on May 15, 2023.
The District Court dismissed Latture’s common law
claims and later granted summary judgment in favor of PLC on
her Title VII claims. This appeal followed. We take
jurisdiction under 28 U.S.C. § 1291.
II.
First up are Latture’s wrongful termination in violation of
public policy and tortious interference with business relations
claims, both of which were dismissed by the District Court.
We review the District Court’s dismissal de novo, “accept[ing]
the operative complaint’s well-pleaded factual allegations as
true and draw[ing] all reasonable inferences” in Latture’s
favor. N. Am. Butterfly Ass’n v. Wolf, 977 F.3d 1244, 1249
(D.C. Cir. 2020). Even so, dismissal for failure to state a claim
is proper when “a plaintiff’s pleadings do not present ‘enough
facts to state a claim to relief that is plausible on its face.’”
7
Goodrich v. Bank of Am. N.A., 136 F.4th 347, 353 (D.C. Cir.
2025) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570
(2007)).
Applying the laws of the District of Columbia, we affirm
the dismissal of Latture’s claims of wrongful termination in
violation of public policy and tortious interference with
business relations on the ground that Latture failed to plead
sufficient facts to sustain either claim.
A.
We begin with Latture’s claim for wrongful termination in
violation of public policy.
For more than a quarter century, the District of Columbia
has held fast to the employment-at-will doctrine, which
stipulates that “an at-will employee may be discharged ‘at any
time and for any reason, or for no reason at all.’” Herron v.
Fannie Mae, 861 F.3d 160, 170 (D.C. Cir. 2017) (quoting
Liberatore v. Melville Corp., 168 F.3d 1326, 1329 (D.C. Cir.
1999)). For all that it governs, the at-will employment doctrine
yields a “very narrow” public policy exception. Adams v.
George W. Cochran & Co., 597 A.2d 28, 34 (D.C. 1991).
Under the exception, a plaintiff may “sue his or her former
employer for wrongful discharge when the sole reason for the
discharge is the employee’s refusal to violate the law,” id., the
claim is “firmly anchored either in the Constitution or in a
statute or regulation which clearly reflects the particular public
policy being relied upon[,]” and there exists “a close fit
between the policy thus declared and the conduct at issue in the
allegedly wrongful termination.” Herron, 861 F.3d at 170
(citation modified); see also Carl v. Children’s Hosp., 702
A.2d 159, 162, 164 (D.C. 1997) (en banc) (Terry, J.,
concurring).
8
Latture contends that she alleged sufficient facts to state a
claim for wrongful termination in violation of public policy.
For support, she relies on her allegations of feeling “pressured
to move in residents without the requisite assessments or
executed contracts, in violation of applicable Medicare and
Medicaid regulations,” and more specifically, Jernigan’s
insistence that she “backdate mandatory District of Columbia
medical clearance forms” for certain prospective residents.
Appellant’s Opening Br. at 18. Latture further claims that her
opposition to these practices precipitated her termination, and
that the totality of these facts relieve her of any obligation to
identify a “specific statute, regulation, or constitutional
provision in [her] complaint” underlying the claim. Id. at 18–
19.
We are not persuaded. Claims for wrongful termination
in violation of public policy generally proceed where “the
employee refuses to violate a specific law and the employer
puts to the employee the choice of breaking the law or losing
his job.” Liberatore, 168 F.3d at 1329. The public policy
exception to the at-will doctrine requires that Latture allege a
violation of a “clear mandate of public policy solidly based on
statute.” Riggs v. Home Builders Inst., 203 F. Supp. 2d 1, 21
(D.D.C. 2002). Latture has not met that requirement.
Sweeping references to “District of Columbia law” and
“Medicare and Medicaid laws,” J.A. 24, cannot supply the
specificity the public policy exception demands. What little
Latture has proffered in the form of generalized and vague
violations of public policy consigns us to speculation, a burden
that is not ours to bear. See Jones v. D.C. Water & Sewer Auth.,
943 F. Supp. 2d 90, 95 (D.D.C. 2013) (establishing that a claim
for wrongful termination in violation of public policy requires
“greater specificity than a generic citation to laws and
regulations” and that its sufficiency turns on the plaintiff’s
ability to “identify the specific statute or municipal regulation
9
that he was instructed to violate” (citation modified)). Because
Latture has failed to plead a specific violation of public policy,
and we cannot discern whether the “very narrow” exception is
“firmly anchored either in the Constitution or in a statute or
regulation,” Carl, 702 A.2d at 162, we conclude that this claim
was correctly dismissed by the District Court.
B.
Next is Latture’s tortious interference with business
relations claim. To assert such a claim under District of
Columbia law, Latture must allege: “(1) [the] existence of a
valid contractual or other business relationship; (2) the
defendant’s knowledge of the relationship; (3) intentional
interference with that relationship by the defendant; and (4)
resulting damages.” Onyeoziri v. Spivok, 44 A.3d 279, 286
(D.C. 2012) (citation omitted); Jankovic v. Int’l Crisis Grp.,
593 F.3d 22, 29 (D.C. Cir. 2010) (citation omitted).
As Latture sees it, her Maple Heights employment offer
was rescinded after “[i]ndividuals from [PLC] recklessly made
disparaging comments regarding Ms. Latture to Maple Heights
representatives at a joint Medicaid [p]rovider meeting.” J.A.
26. She says that these statements clarified her “bad
reputation” to Maple Heights, leaving “no one wanting to work
with her.” J.A. 26.
We conclude that the claim was properly dismissed.
Latture failed to sufficiently plead the requisite elements of
knowledge and intent. Latture argues in her motion papers that
Jernigan and Pierson knew of her Maple Heights’ employment
offer, but that allegation was omitted entirely from her
complaint. Appellant’s Opening Br. at 19–20, J.A. 17–18, 25–
26. One cannot intend to interfere with an employment offer
of which they are unaware. See Capitol Servs. Mgmt., Inc. v.
10
Vesta Corp., 933 F.3d 784, 791 (D.C. Cir. 2019) (recognizing
that a “prima facie case of tortious interference with business
relations . . . requires that a plaintiff plead ‘intentional
interference’”). Additionally, the complaint fails to allege that
either Jernigan or Pierson were present at the Medicaid
provider meeting, what “disparaging comments regarding Ms.
Latture” were said, or which Maple Heights representatives
were in attendance.
As the foregoing makes clear, satisfying the essential
elements of a prima facie case cannot rest upon mere
speculation; only well-pleaded facts can satisfy them. See
Hettinga v. United States, 677 F.3d 471, 476 (D.C. Cir. 2012).
The facts pleaded here are anything but well pleaded. Because
Latture’s allegations resemble “[t]hreadbare recitals of the
elements of a cause of action,” Ashcroft v. Iqbal, 556 U.S. 662,
678 (2009), that contain insufficient “facts to state a claim to
relief that is plausible on its face,” Goodrich, 136 F.4th at 353,
her tortious interference with business relations claim fails as a
matter of law.
C.
Having resolved the common law claims, we proceed to
Latture’s race discrimination, retaliation, and hostile work
environment claims. Recall that the District Court granted
summary judgment in favor of PLC on all three claims.
Here too, we review the grant or denial of summary
judgment de novo. Goodrich, 136 F.4th at 353. Summary
judgment is merited only if, after “viewing the evidence in the
light most favorable to the non-movant and drawing all
reasonable inferences accordingly, no reasonable jury could
reach a verdict in her favor.” Breiterman v. U.S. Capitol
Police, 15 F.4th 1166, 1172 (D.C. Cir. 2021) (citation omitted).
11
We affirm the grant of summary judgment to PLC because
Latture has failed to satisfy her burden of proof on both her
discrimination and retaliation claims. We further affirm the
grant on Latture’s hostile work environment claim, though on
the alternative ground that it is untimely.
1. Discrimination
Title VII of the Civil Rights Act of 1964 makes it unlawful
for an employer to discriminate against an employee based on
race. See 42 U.S.C. § 2000e-2(a)(1). An employee alleging
discrimination under Title VII may prevail against an
employer’s motion for summary judgment by producing either
direct or circumstantial evidence of discrimination. Dunaway
v. Int’l. Bhd. of Teamsters, 310 F.3d 758, 763 (D.C. Cir. 2002).
A statement may constitute “direct evidence” of discrimination
where the “statement . . . itself shows racial or gender bias in
the [employment] decision.” Ayissi-Etoh v. Fannie Mae, 712
F.3d 572, 576 (D.C. Cir. 2013); see also Vatel v. All. of Auto.
Mfrs., 627 F.3d 1245, 1247 (D.C. Cir. 2011).
Latture contends that several alleged statements serve as
direct evidence of race-based discrimination. As we have
already noted, these statements include, among others: (1)
Gerardot’s references to “African American staff and clients
from the surrounding neighborhood as ‘those people’ or ‘these
people’” and her characterization of “a group of African
American men gathered at a nearby gas station” as “‘monkeys’
or a ‘pack of animals’”; (2) Jernigan calling a third-party
worker an “‘ignorant black bitch,’” and, when confronted by
Latture, replying, “‘[a]t least I didn’t call her the N-word’”; (3)
Pierson’s description of an African-American woman standing
outside a liquor store next to the satellite office “[as]
‘smell[ing] like cooch’”; and (4) Brightwell branding “the
12
entire neighborhood as ‘ghetto Blacks and hood rats.’”
Appellant’s Opening Br. at 7, 28–29 (citing J.A. 12–14), J.A.
168–69.
Even when viewed in the light most favorable to Latture,
none of these alleged statements establish “racial or gender bias
in the [employment] decision” to terminate her. Ayissi-Etoh,
712 F.3d at 576. Some of the comments are attributable to
individuals without the power to terminate her employment.
And the managers with that power never mentioned Latture or
her race in connection with her eventual termination. Because
no discernible racial bias exists with respect to Latture’s
termination, we cannot conclude that any of these alleged
statements constitute direct evidence of discrimination.
See Vatel, 627 F.3d at 1247.
At best, Latture’s alleged statements can be construed as
indirect evidence. Where that is so, we employ the familiar
three-step burden-shifting framework established in
McDonnell Douglas Corp. v. Green, to determine whether
circumstantial evidence supports her discrimination claim. 411
U.S. 792, 802 (1973); Chappell-Johnson v. Powell, 440 F.3d
484, 487 (D.C. Cir. 2006).
The framework begins with Latture, who must first
establish a prima facie case of racial discrimination. Wheeler
v. Georgetown Univ. Hosp., 812 F.3d 1109, 1113 (D.C. Cir.
2016). To state a prima facie case, Latture must establish “she
is part of a protected class under Title VII, she suffered a
cognizable adverse employment action, and the action gives
rise to an inference of discrimination.” Walker v. Johnson, 798
F.3d 1085, 1091 (D.C. Cir. 2015) (citation omitted). Should
she succeed, the burden of production then shifts to PLC to
come forward with “a legitimate, nondiscriminatory reason”
for Latture’s termination. Wheeler, 812 F.3d at 1114. Once an
13
alternative reason is articulated, we reach the final stage of the
framework, where Latture must “show that [PLC’s] stated
reason for its actions was in fact pretext for unlawful
discrimination.” Id. In line with our customary practice of
reviewing summary judgment orders, “we skip ahead to the
[final] step in the test” where the employer “has proffered some
legitimate reason for its adverse employment action[.]” Id.
PLC asserts that it terminated Latture for insubordination
and unprofessional conduct displayed during a morning
meeting held on August 9. J.A. 327. That justification brings
us to the third step of the McDonnell Douglas framework to
determine whether Latture’s asserted reasons for her
termination can sustain an inference that the real motivation
behind it was race-based.
Latture claims that her termination was racially motivated
because Jernigan “submitted false accusations” that directly
led to her discharge. Appellant’s Opening Br. at 24. But
Latture has neither identified the “false statements” nor their
source. We presume the “false accusations” Latture references
relate to the string of emails exchanged between Gerardot,
Petras, and Jernigan on August 11, 2021, but none of the
messages has anything to do with race. J.A. 453, 482–83, 649–
50. The transmitted emails are consistent with PLC’s
justification that Latture was terminated because of
insubordination and unprofessional conduct at a morning
meeting held on August 9.
Beyond the “false accusations,” Latture further presses
that her termination was pretext for racial discrimination based
on circumstances that gave rise to her PIP placement. To
bridge the two, Latture says that she “successfully completed
the PIP” she received on July 6, 2021, despite it being
“backdated” and “issued days after [she] objected to Ms.
14
Jernigan’s racial slur.” Appellant’s Opening Br. at 24. Latture
maintains that the totality of these events rendered her
termination a foregone conclusion and that PLC’s
inconsistencies prove it.
We see insufficient evidence of pretext. The PIP was only
issued after Latture failed to fulfill her core job duties and after
data revealed underwhelming resident admissions both on June
4, 2021, when Livingston Place officially opened, and later that
summer. The PIP notably draws on Latture’s performance-
related deficiencies and nothing more. J.A. 324–25. For
instance, Latture’s noncompliance with company policy was
confirmed by her failure to timely respond to a prospective
resident. J.A. 650. Even by her own account, Latture does not
deny that she failed to utilize specific marketing tools
consistently. J.A. 540–41. Instead, she offers a host of
collateral reasons (i.e. an alternative operational strategy she
assumed, a request to pass her duties off to an assistant, etc.) to
explain why certain deliverables were never completed. Id.
And above all else, Latture undercuts her own theory of
discrimination by conceding she was uncertain whether race
influenced her placement on a PIP (and later termination) by
any measure. J.A. 181.
In sum, we conclude that Latture failed to adduce enough
evidence to create a genuine dispute that PLC’s stated reason
for terminating her is a pretext for discrimination. PLC was
thus entitled to summary judgment on Latture’s race-based
discrimination claim.
2. Retaliation
Then there is Latture’s retaliation claim. To prove
unlawful retaliation, Latture must establish: “(1) that [s]he
opposed a practice made unlawful by Title VII; (2) that the
15
employer took a materially adverse action against h[er]; and (3)
that the employer took the action because the employee
opposed the practice.” McGrath v. Clinton, 666 F.3d 1377,
1380 (D.C. Cir. 2012) (citation modified). We have held that
“temporal proximity can indeed support an inference of
causation, but only where the two events are very close in
time.” Hamilton v. Geithner, 666 F.3d 1344, 1357 (D.C. Cir.
2012) (citation modified). That determination, however, is
frequently informed by a fact-specific inquiry and by
additional evidence from which the causal inference can be
drawn. Id. at 1358.
In defense of her claim, Latture recites “a pattern of
retaliation” that includes being “falsely accused of abusing sick
leave and reprimanded, excluded from key meetings, placed on
a backdated PIP[,] and ultimately terminated.” Appellant’s
Opening Br. at 26. Mirroring her discrimination claim, the
crux of Latture’s retaliation claim lies in her objection to
Jernigan’s “ignorant black bitch” comment, which she claims
precipitated the retaliatory acts. Id. at 26–27.
Latture cannot carry her burden of establishing that her
termination was motivated by her objection to Jernigan’s
racially derogatory comment. A closer look at the record
illustrates that the decision to terminate Latture was
Gerardot’s, and the record is bereft of any evidence indicating
that she was aware of Latture’s objection to Jernigan’s
statement at the time she was terminated. J.A. 544–45. Nor
could Gerardot have even possessed that awareness, for Latture
admitted that she disclosed her objection to no one but Jernigan
and assuredly not anyone else on PLC’s Human Resources
team. J.A. 538, 545. That absence of knowledge cuts strongly
against Latture’s retaliation claim. See Gray v. Foxx, 637 F.
App’x 603, 607 (D.C. Cir. 2015) (“An employer cannot
retaliate against an employee unless the employer has
16
knowledge of the protected activity, and in order to survive
summary judgment, an employee must offer circumstantial
evidence that could reasonably support an inference that they
did.”) (citation modified); see also Holbrook v. Reno, 196 F.3d
255, 263 (D.C. Cir. 1999) (same).
The timing between the adverse action (termination) and
the protected activity (objection to racially derogatory
comment) only weakens the causal inference further. Latture
admitted that her objection to Jernigan’s alleged racially
derogatory comment occurred sometime “between January and
early April 2021.” J.A. 536. That chronology places both the
comment and the objection—at the latest—roughly three
months before Latture was issued the PIP on July 6, 2021. The
stretch of time between those events, without more,
undermines any potential connection between the two. See
Clark Cnty. Sch. Dist. v. Breeden, 532 U.S. 268, 273–74 (2001)
(citing approvingly cases where three- and four-month
intervals between the protected activity and adverse action
were insufficient to establish an inference of retaliation).
Because none of Latture’s allegations can support a claim
for retaliation under Title VII, we conclude that summary
judgment was proper.
3. Hostile Work Environment
Finally, we turn to Latture’s hostile work environment
claim. The District Court found that the alleged discriminatory
comments made by PLC management were neither severe nor
pervasive enough to support a hostile work environment claim
because they were intermittent, “not related to Latture’s race,”
and “not directed to” Latture. J.A. 655–658. Although the
District Court did not reach the issue of whether the hostile
work environment claim was untimely, we affirm on that
17
alternative ground. See Wilburn v. Robinson, 480 F.3d 1140,
1148 (D.C. Cir. 2007) (noting that appellate courts may “affirm
a grant of summary judgment on alternative grounds”).
Title VII establishes two possible limitation periods for a
hostile work environment claim: either 180 or 300 days after
“the alleged unlawful employment practice occurred.”
42 U.S.C. § 2000e-5(e)(1). Title VII allows 300 days to file an
EEOC charge when the employee initially institutes
proceedings with an authorized state or local agency.
42 U.S.C. § 2000e-5(e)(1). Because Latture’s charge was also
filed with the D.C. Office of Human Rights (“DCOHR”) under
the EEOC–DCOHR worksharing agreement, the 300-day
period applies. J.A. 377; see Carter v. George Washington
Univ., 387 F.3d 872, 879 (D.C. Cir. 2004). Her May 26, 2022,
charge reaches conduct on or after July 30, 2021. A charge
alleging a hostile work environment claim “will not be time
barred so long as all acts which constitute the claim are part of
the same unlawful employment practice and at least one act
falls within the time period.” Nat’l R.R. Passenger Corp. v.
Morgan, 536 U.S. 101, 122 (2002).
Latture identifies no act on or after July 30 that produced
a hostile work environment. The August 10–12
communications solely concerned Latture’s performance and
workplace conduct and had nothing to do with her race. J.A.
452–54. For the reasons explained in the discrimination
section, the termination likewise was not part of the same
alleged racially hostile work environment. Accordingly,
Latture’s hostile work environment claim is legally stale.
***
We affirm the District Court’s dismissal of Latture’s
claims for wrongful termination in violation of public policy
18
and tortious interference with business relations, along with the
grant of summary judgment to PLC on her discrimination and
retaliation claims. On the claim for hostile work environment,
we affirm the grant, but on the separate ground that it is
untimely.
So ordered.
WILKINS, Circuit Judge, concurring: I concur in the
Court’s opinion, but write separately to highlight a rising trend
in cases involving hostile work environment claims, in which
courts have found that discriminatory conduct, no matter how
egregious, cannot sustain such a claim because the offensive
conduct was not directly aimed at the plaintiff and the protected
class to which they belong. This view is demonstrably
mistaken.
That conclusion follows directly from the seminal hostile
work environment case of Meritor Savings Bank, FSB v.
Vinson, 477 U.S. 57 (1986). In that case, the Supreme Court
described the scope of a hostile work environment claim based
on sex as one “not limited to economic or tangible
discrimination.” Id. at 64 (citation modified). The Court’s
reasoning drew on Rogers v. EEOC, 454 F.2d 234 (5th Cir.
1971), cert. denied, 406 U.S. 957 (1972), which involved a
Hispanic plaintiff who alleged that her employer “created an
offensive work environment for employees by giving
discriminatory service to its Hispanic clientele.” Meritor, 477
U.S. at 66. The Fifth Circuit charted a new course in Rogers,
concluding that a racially hostile work environment could
alone constitute a Title VII violation, even where the employer
directs the discriminatory conduct at persons within the
plaintiff’s racial group, not at the plaintiff herself. Rogers, 454
F.2d at 238–39. Limiting hostile work environment claims
only to conduct aimed squarely at a plaintiff was incompatible
with “the thrust of Title VII’s proscriptions,” which are “aimed
at the consequences or effects of an employment practice.” Id.
at 239. Nearly 30 years later, the Court still described Rogers
as the “leading case” for hostile work environment claims.
Vance v. Ball State Univ., 570 U.S. 421, 426–427 (2013)
(citing Rogers, 454 F.2d at 234).
Here, the District Court’s hostile work environment
analysis was irreconcilable with Meritor’s endorsement of the
Fifth Circuit’s opinion in Rogers.
2
The District Court’s primary basis for dismissing the
discriminatory comments allegedly made by PLC management
was that they were not explicitly directed at Latture. See J.A.
657 (“Latture focuses on racial statements and other comments
that were not directed to her, which generally means that a
plaintiff cannot . . . establish[] a hostile environment.”)
(citation modified). The District Court premised this finding
on two district court cases—Nurriddin v. Goldin, 382 F. Supp.
2d 79 (D.D.C. 2005) and Gustave-Schmidt v. Chao, 360 F.
Supp. 2d 105 (D.D.C. 2004)—neither of which applied the
Meritor standard.
That was error. As Meritor’s endorsement of Rogers
made clear, a hostile work environment claim can be based on
statements and actions directed to persons other than the
plaintiff, particularly when they are directed to persons of the
same race as the plaintiff. Meritor, 477 U.S. at 65–66. The
requirement that conduct must be “sufficiently severe or
pervasive to alter the conditions of [the victim’s] employment
and create an abusive working environment” imposes no
corollary requirement that the discriminatory conduct be
directed at the victim. Id. at 67 (citation modified). As the
Court explained in Meritor, “[i]n Rogers . . . the Fifth Circuit
held that a Hispanic complainant could establish a Title VII
violation by demonstrating that her employer created an
offensive work environment for employees by giving
discriminatory service to its Hispanic clientele.” 477 U.S. 65–
66. This is because “Title VII affords employees the right to
work in an environment free from discriminatory intimidation,
ridicule, and insult.” Id. at 65. No employee should have to
endure members of their own race being repeatedly insulted or
mistreated by their employer. Accordingly, whether the
discriminatory statements alleged by Latture amounted to a
hostile work environment “turn[ed] largely on credibility
3
determinations committed to the trier of fact,” id. at 68, and the
District Court’s categorical exclusion of these comments not
only unduly restricted the proper reach of Title VII, but also
improperly invaded the jury’s role.
The drift away from Meritor’s teachings has widened over
the years in this Circuit. On several occasions, district courts
have relied on the misconception that a discriminatory
statement must be directed at a plaintiff to give rise to a hostile
work environment claim. See, e.g., Grays v. Noem, 2025 WL
2643421, at *7 (D.D.C. Sept. 15, 2025); Watkins v. Washington
Metro. Area Transit Auth., 2025 WL 2378027, at *9 (D.D.C.
Aug. 15, 2025); Pauling v. District of Columbia, 286 F. Supp.
3d 179, 210 (D.D.C. 2017); Burton v. District of Columbia, 153
F. Supp. 3d 13, 87 (D.D.C. 2015); Kelley v. Billington, 370 F.
Supp. 2d 151, 159 (D.D.C. 2005). As I see it, that requirement
fails to comport with Meritor. Surely, it cannot be that a Jewish
person or a woman cannot suffer a hostile work environment
just because all of the anti-Semitic or sexist comments in the
workplace were directed to people other than them—that is
nonetheless “an environment that a reasonable person would
find hostile or abusive.” Harris v. Forklift Sys., Inc., 510 U.S.
17, 21 (1993).
As other courts have recognized since Meritor and Rogers,
one may reasonably find a working environment hostile or
abusive where their racial identity is subject to repeated
derogatory comments by their supervisors. Whether the
discriminatory comments are meant for the employee or not,
they stink up the air all the same. See, e.g., Rasmy v. Marriott
Int’l, Inc., 952 F.3d 379, 389 (2d. Cir. 2020) (“[C]onduct not
directly targeted at or spoken to an individual but purposefully
taking place in his presence can nevertheless transform his
work environment into a hostile or abusive one[.]”); Strickland
v. City of Detroit, 995 F.3d 495, 506 (6th Cir. 2021)
4
(“[I]ncidents of harassment not directed at a plaintiff may be
considered in evaluating a hostile work environment claim.”);
Monteiro v. Tempe Union High Sch. Dist., 158 F.3d 1022, 1033
(9th Cir. 1998) (“[R]acist attacks need not be directed at the
complainant in order to create a hostile educational
environment.”). The attendant circumstances under which
these racially hostile comments arose cannot negate their
relevance, and the District Court should not have disregarded
them at summary judgment.