Doctor fires back after Mayo Clinic moves to dismiss portion of retaliation case

(ABC 6 News) – A Mayo Clinic doctor fired back Monday after the healthcare provider motioned to partially dismiss his case, which alleges retaliation against his comments and whistleblowing.

Dr. Michael Joyner, a Mayo Clinic physician and professor of anesthesiology at Mayo’s College of Medicine and Science, claimed last year Mayo violated its tenure and academic-freedom policies after the clinic issued Joyner a suspension (resulting in loss of pay) following comments Joyner made to the New York Times in regards to testosterone’s long-term affects on transgender women athletes.

— RELATED: Mayo doctor sues Clinic, claims retaliation against interviews; alleged whistleblowing —

Mayo Clinic public relations claimed, in response, that Joyner was “disingenuously invoking academic freedom as a shield to escape accountability for actions that violate Mayo policies and values.”

The clinic further moved to dismiss part of Joyner’s lawsuit in January, claiming that Mayo Clinic’s anti-retaliation and appeals policies are not legally binding.

On March 25, Joyner issued a new, 27-page motion condemning Mayo Clinic’s tenure and academic-freedom policies as “mere aspirations—meaningless and unenforceable—and Mayo professors can be
terminated or disciplined whenever they talk about results from their research that Mayo or its
executives dislike.”

Joyner’s motion argues that his tenure protects him from termination and ensures him job security. Joyner’s motion argues tenure “safeguards academic freedom,” allowing higher-level educators to research potentially controversial topics.

The motion details Mayo’s anti-retaliation and appeals procedures, then alleges that Mayo Clinic head Dr. Gianrico Farrugia acted with malice against Joyner, based on “well-documented personal dislike” and falsified Joyner’s performance reviews after he accused the clinic of retaliation.

Original lawsuit and controversy

According to court documents, before his suspension, Joyner made several potentially inflammatory statements during a previously approved interview with the New York Times on transgender athletes, then an interview with CNN on issues getting plasma treatments for COVID-19 approved by the National Institutes of Health.

Joyner’s specific comment was, “[t]here are social aspects to sport, but physiology and biology underpin it. Testosterone is the 800-pound gorilla.”

LGBTQ+ advocates and activists called Joyner’s comments in the article “at best, insensitive. At worst, transphobic.”

— RELATED: LGBTQ activists speak out after Mayo doctor gives interview on transgender athletes —

The March 25 memorandum can be read below