Background
Dr. Shaghayegh Mirshahi, a physician, was terminated by Patient First Richmond Medical Group after she refused to see patients while symptomatic with suspected COVID-19 and subsequently sent text messages to her supervisor stating she would not be micromanaged and would continue distributing non-approved handouts. Mirshahi sued, alleging violations of Virginia public policy, the Virginia Whistleblower Protection Act, state and federal antidiscrimination laws, and defamation. The district court dismissed three claims under Federal Rule of Civil Procedure twelve comma B comma six and granted summary judgment on the remaining discrimination claims.
The court’s reasoning
The court affirmed the dismissal of the public policy claim because the emergency COVID regulation cited by the plaintiff did not contain the explicit expression of public policy required for a Bowman claim. The court also affirmed the dismissal of the whistleblower claim, finding the plaintiff failed to allege she made a good faith report of a violation of law or regulation to a supervisor or government body. Regarding the defamation claim, the court held that statements calling the plaintiff sick or pretending were not actionable per se because they did not relate to her professional skills or character. On the discrimination claims, the court found the plaintiff failed to produce specific facts raising a reasonable inference of unlawful discrimination, noting that isolated comments by a supervisor and timing of a meeting were insufficient to prove discriminatory motive.
We agree with the district court that those allegations were insufficient. As for the first, there is a sizeable gap between inappropriate conduct and conduct that violates a law or regulation.
Mirshahi v. Patient First Richmond Medical Group, LLC, No. 25-1720 (4th Cir. May 27, 2026)
What it means going forward
The decision reinforces the high bar for proving employment discrimination without direct evidence and clarifies that general complaints about workplace conduct do not satisfy the specific reporting requirements of the Virginia Whistleblower Protection Act.
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