Zhang v. Driscoll

Background

Hang Zhang brought an employment discrimination action related to her employment with the Defense Language Institute as a Student Learning Specialist. She alleged discrimination based on race, sex, and national origin; a hostile work environment; retaliation for Equal Employment Opportunity activity; and other violations. Her amended complaint also asserted First Amendment and Privacy Act claims.

Zhang’s motion for a preliminary injunction addressed only her retaliation, First Amendment, due-process, and Privacy Act claims. She sought immediate relief that included stopping retaliatory or other adverse employment actions, removing a September 2025 counseling letter from her personnel file, restoring her full duties, stopping unauthorized disclosure of her Equal Employment Opportunity status, requiring neutral investigations, preserving records, and waiving a bond requirement.

Preliminary-injunction ruling

The court explained that a preliminary injunction is an extraordinary remedy. Under the governing test, the person seeking one must show a likelihood of success on the merits, a likelihood of irreparable harm without the injunction, that the balance of hardships favors relief, and that relief serves the public interest.

The court held that Zhang had not shown a likelihood of success on any of the four claims presented in the motion:

- Retaliation: The court found that Zhang had not shown a causal connection between her protected Equal Employment Opportunity activity and the alleged adverse employment actions. The court concluded that the timing she identified was not close enough, by itself, to establish that connection. - First Amendment retaliation: The court found that Zhang did not clearly identify what protected speech supported the claim, to whom or when she made the alleged reports, or what adverse employment action resulted from the speech. The court therefore could not assess the claim under the legal test for public-employee speech. - Due process: Zhang challenged the fairness of the Equal Employment Opportunity process and the September 2025 counseling letter. The court found that she had not identified a protected life, liberty, or property interest that Defendant deprived her of, and had not provided authority showing that the procedures she identified were required before a counseling letter was issued. - Privacy Act: Zhang alleged that her Equal Employment Opportunity activity was improperly disclosed. The court found that she did not identify the recipients or contents of the disclosure and did not allege that the disclosure caused a specific adverse effect, an element the court said was necessary for her claim.

The court also held that Zhang had not shown likely irreparable harm. Her allegations of career, economic, reputational, physical, constitutional, and cumulative harm were not described in sufficient detail and were not supported by adequate evidence. Because Zhang failed to establish both a likelihood of success and likely irreparable harm, the court did not reach the remaining preliminary-injunction factors.

Reply brief and order to show cause

The court struck Zhang’s reply brief and declined to consider it because Zhang filed 25 pages after receiving permission to file no more than 20 pages. The court also stated that the brief contained several citations to cases that appeared nonexistent or did not support the propositions for which they were cited.

The court issued an order to show cause, meaning Zhang must explain why sanctions should not be imposed. The possible sanctions identified by the court included termination of the case or other appropriate disciplinary action. The court ordered Zhang to file a response of no more than five pages by noon on December 10, 2025, and stated that it would hold a hearing only if it considered one necessary.

Disposition

The court denied Zhang’s motion for a preliminary injunction and ordered Zhang to show cause why sanctions or other appropriate disciplinary action should not issue. The opinion did not impose sanctions in this order.