A dispute over alleged retaliation following discrimination complaints has led to a federal lawsuit against a major public university, raising questions about workplace rights and the handling of personal research property in academic settings. The suit was filed by Dr. Linda Kenney in the United States District Court for the Southern District of Texas on March 11, 2026, naming the University of Texas Medical Branch as defendant.
According to court documents, Dr. Kenney was employed by the university from 2019 through early 2025. In April 2025, she submitted a sworn Charge of Discrimination to the Equal Employment Opportunity Commission (EEOC), claiming that the university discriminated against her based on sex and age and retaliated against her for opposing age discrimination directed at her late husband. This initial charge was assigned EEOC No. 460-2025-05369.
The complaint reports that by June 6, 2025, Dr. Kenney and the university had reached an agreement intended to resolve these issues, prompting her attorney to withdraw the original EEOC charge. However, Dr. Kenney alleges that six months later, the university had not returned personal property belonging to her despite this resolution. As a result, she filed a second EEOC charge on December 12, 2025 (assigned No. 460-2026-01946), which forms part of her current legal action.
The filing states that the withheld property includes valuable laboratory equipment and biological materials acquired during Dr. Kenney’s career at various institutions through federally funded grants from agencies such as the National Institutes of Health and National Science Foundation. The complaint asserts: “It is considered standard practice that these items then become the property of the PI [principal investigator], but UTMB is refusing to release.”
Dr. Kenney further claims that withholding this property has harmed her professional prospects: “Some pieces of equipment are quite valuable and would enhance my ‘marketability’ to be able to continue my research in another laboratory.” She also notes that bacterial strains collected throughout her career—including clinical isolates from Vietnam—are at risk because “UTMB wants to throw them out,” rather than allow their transfer or preservation for future research use.
In addition to issues surrounding physical property, Dr. Kenney alleges pressure from UTMB regarding publication attributions and improper access to her laboratory by individuals without proper authorization or biosafety clearance: “Dr. Desai had no authority to enter my lab… Further, she was not authorized by the Biosafety Committee to handle the strains which she was allowed by UTMB to do.”
The core legal claim centers on alleged retaliation under Title VII of the Civil Rights Act of 1964 after Dr. Kenney engaged in protected activity by filing discrimination complaints internally and with federal authorities: “UTMB has no legitimate, non-retaliatory reason for withholding Dr. Kenney’s property… UTMB’s conduct in withholding property belonging to Dr. Kenney has been in retaliation for her previous protected activity.”
Dr. Kenney asserts that she exhausted all administrative remedies before bringing this suit and received notice from EEOC on January 9, 2026, granting her right to file a civil lawsuit within ninety days.
The relief sought includes prospective and injunctive orders compelling return of all withheld property; actual or economic damages; nominal damages if applicable; compensation for mental anguish and emotional distress; equitable relief; compensatory damages within court jurisdictional limits; litigation expenses including attorneys’ fees; expert witness fees; pre-judgment and post-judgment interest; costs of court; and any other relief deemed appropriate by law or equity.
Dr. Kenney is represented by attorneys Frank Hill (Texas Bar No. 09632000) and Stefanie M. Klein (Texas Bar No. 11565650) with Hill Gilstrap P.C., located in Arlington, Texas.
The case is identified as Civil Action No.: 3:26-cv-00076.
Source: 326cv00076_DR_Linda_v_Univeristy_of_Texas_Complaint_Southern_District_of_Texas.pdf
