Gabrielle Barbour v. Merrick B. Garland

Alexandria, Virginia civil rights lawyers represented the Plaintiff workplace discrimination theory.

The Complaint reflects that, prior to her application for employment with the DEA as a Special Agent, Barbour had studied International Politics and Print Journalism at Pennsylvania State University, where she was also a student-athlete. See Complaint ¶ 10. After earning her bachelor's degree in 2014, Barbour completed a master's degree in Middle East Studies from George Washington University in 2016. Id. She subsequently worked as a Consultant for Grant Thornton LLP and as a Risk Governance Associate for J.P. Morgan. Id. Long before that, when she was 19 years old, Barbour had been employed in a six-week part-time summer job selling pots and pans for an outfit called Kitchen Kaboodle. Id. ¶ 32(b).



In 2018, Barbour began training at the FBI Academy in Quantico, Virginia, for a position as an Analyst with the FBI. See Complaint ¶ 11. In addition to obtaining a Top Secret/Sensitive Compartmented Information ("TS/SCI") security clearance, Barbour passed all of the academic tests and satisfied all of the job-related requirements for the FBI position. Id. ¶¶ 11, 14.



During the FBI training, Barbour received three "suitability notations," i.e., warnings for minor infractions. See Complaint ¶ 12. Those suitability notations were for parking in the wrong section of the parking lot, improperly responding to an email from a guest speaker by expressing interest in being assigned to that speaker's squad, and " 'breaking chain-of-command' " when sending emails requesting leave. Id. ¶ 12(a).



According to the Complaint, Barbour was also subject to pervasive sexual harassment and gender discrimination throughout her time at the FBI Academy. See Complaint ¶ 12(a)-(f). For example, while inquiring into her suitability notations, Barbour was told by a superior that she was a " 'distraction' " to other trainees — a comment that Barbour understood to be a reference to unwanted sexual attention that she had received. Id. ¶ 12(a). Meanwhile, numerous male trainees pressured Barbour to have sex with them, sent her abusive text messages, and even followed her to her room; instructors and counselors would regularly tell Barbour (but not her male counterparts) "to smile more"; one male instructor discussed Barbour's personal life, "in a sexual and derogatory manner," with male trainees; and, when Barbour reported harassment to a female counselor, the counselor responded " 'you own a mirror, you know you're a pretty girl,' that was the way things were, and to just 'play the game' if she wanted to succeed." Id. ¶ 12(b), (d)-(f).



On July 31, 2018, Barbour was required to appear before the Trainee Review Board due to her suitability notations. See Complaint ¶ 12(g). During that appearance, Barbour asked the Board to speak to two instructors who were not present and who Barbour believed would support her. Id. The Board told Barbour that they would speak to those instructors, but instead consulted another instructor whom Barbour had accused of sexual harassment. Id. That same day, the Assistant Director of the Training Division discharged Barbour from the FBI training for being " 'unsuitable' " for FBI employment, citing the three suitability notations. Id.



On August 1, 2018, the day after her discharge from the FBI training, Barbour received an email from the DEA inviting her to attend an orientation in New York for prospective job applicants. See Complaint ¶ 13. Barbour attended the orientation on August 13, 2018, and filled out initial application paperwork in which she disclosed the FBI discharge. Id. ¶ 14. She also inquired how long the application process would take for someone (like her) with an active TS/SCI security clearance. Id. In response, the DEA Special Agent leading the orientation informed Barbour that if she "passe[d] everything the first time," the application process could be completed and training started by " 'May 2019, if not earlier.' " Id. The DEA training — like Barbour's prior FBI training — was to be conducted at the FBI Academy in Quantico, Virginia. Id. ¶ 1.



On October 12, 2018, Barbour received an email inviting her to officially apply for a DEA Special Agent position and partake in the Special Agent Mobile Application Center (the "SAMAC") in order to expedite the process. See Complaint ¶ 15. In mid-November 2018, Barbour took the three exams required to proceed with the application and passed each one on the first try. Id. ¶ 16. She achieved the highest score on the fitness test, among both men and women, and was informed that her performance would grant her application "priority processing." Id. In mid-December 2018, Barbour took and passed a drug test, as well as psychological and physical screenings. Id. ¶ 18. Three months later, on March 15, 2019, Barbour took a follow-up fitness test that was required within 60 days of the start of training. Id. ¶ 19. She scored the highest on that fitness test, once again among both men and women, keeping her on track to begin training in May 2019. Id.



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Barbour v. Garland, 105 F.4 th 579 (4th Cir. 2024)

Complaint dismissed.



Affirmed.