The U.S. District Court for the District of Columbia has dismissed a whistleblower claim filed by Thomas Thornton against the National Academy of Sciences (NAS). The court found that Thornton failed to sufficiently demonstrate that his internal complaints about alleged race discrimination at NAS were related to potential violations of the False Claims Act. As a result, the court has decided to send the remaining claims, which are based on D.C. law, back to the D.C. Superior Court.
The Heart of the Matter: The False Claims Act
At the core of this case is the False Claims Act (FCA), a federal law that allows individuals to sue on behalf of the government to recover funds lost due to fraud. Thornton alleged that NAS, his former employer, retaliated against him for raising concerns about the misuse of federal funds related to a research study. Specifically, he claimed that the study, which involved the integration of Western science and Indigenous knowledge, was conducted in a way that discriminated against Indigenous scholars.
To have a valid claim under the FCA’s anti-retaliation provision, a plaintiff must show they were discriminated against “because of” actions taken “in furtherance of an action” under the statute. This means the employee’s actions must be related to investigating potential fraud against the government.
What the Court Said
The court, in its memorandum opinion, explained that Thornton’s allegations did not meet the requirements for a valid FCA claim. The court found that Thornton’s internal complaint about the study’s methodology did not constitute an investigation into conduct that could reasonably have violated the FCA. The court noted that Thornton’s theory seemed to be that discriminatory conduct while conducting a federally funded study automatically constitutes misuse of funds, a position the court found unpersuasive.
The court emphasized that for an FCA claim, there must be some evidence of “false certifications of compliance” in connection with funding claims. Thornton’s complaint lacked such evidence. The court also pointed out that Thornton did not provide sufficient evidence to support his claim that he was terminated or otherwise discriminated against *because of* his internal complaint. The court noted that the mere fact that his termination occurred after he filed the complaint, without more, was not enough to establish a causal link.
The Background: The Research Study and the Alleged Discrimination
The case stems from Thornton’s employment at NAS as Director of the Board on Environmental Change and Society. NAS received funding from NASA for a study on integrating Western science and Indigenous knowledge. Thornton, who is White, alleged that his superiors, Carlotta Arthur and Gregory Symmes, ignored or silenced Indigenous voices during the study. He claimed that Arthur and Symmes placed “Western ‘white’ concepts of science on a higher level than Indigenous… concepts.”
Thornton filed an internal complaint against Arthur in December 2023, alleging discrimination and false allegations. He was placed on paid administrative leave for two months. Upon his return, he alleged that Arthur and Symmes retaliated against him by shifting resources away from his projects, reducing his meetings, and refusing to engage in mediation. In June 2024, Thornton was terminated, with the termination letter citing his “commitment to outside activities” and the “current state” of the Board on Environmental Change and Society. The study itself was also subsequently terminated.
The Remaining Claims: Back to D.C. Superior Court
Because the federal court dismissed the False Claims Act claim, it decided to send the remaining claims, which are based on D.C. law (D.C. Human Rights Act and D.C. common law), back to the D.C. Superior Court. Federal courts have “supplemental jurisdiction” over state law claims that are part of the same case as federal claims. However, they can decline to exercise this jurisdiction if all the federal claims are dismissed.
The court determined that since the federal claim was dismissed and the case had not progressed significantly, judicial economy and fairness favored sending the local claims back to the D.C. Superior Court.
What This Means
This ruling means that Thornton’s claims of retaliation under the False Claims Act are over in federal court. He can still pursue his claims of discrimination and retaliation under D.C. law in the D.C. Superior Court. The case will now proceed in the local court system, where Thornton will have the opportunity to present his arguments regarding the alleged violations of D.C. law.