Xunxian Liu v. Georgetown University
── Xunxian Liu v. Georgetown University ──
Court: Court of Appeals for the D.C. Circuit
Date: May 12, 2026
Category: General
United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
No. 25-7002 September Term, 2025
FILED ON: MAY 12, 2026
XUNXIAN LIU,
APPELLANT
v.
GEORGETOWN UNIVERSITY,
APPELLEE
Appeal from the United States District Court
for the District of Columbia
(No. 1:22-cv-00157)
Before: MILLETT, WILKINS, and GARCIA, Circuit Judges.
JUDGMENT
The cause came to be heard on the record on appeal from the United States District Court
for the District of Columbia and on the briefs of the parties. The panel has accorded these issues
full consideration and decided that they do not warrant a published opinion. See D.C. CIR. R.
36(d). For the reasons stated below, it is hereby
ORDERED and ADJUDGED that the judgment of the United States District Court for
the District of Columbia be AFFIRMED.
* * *
Dr. Xunxian Liu, a biomedical researcher formerly employed by Georgetown University
(the “University”), brought an action against the University alleging discrimination and retaliation
in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”), the Age Discrimination in
Employment Act (“ADEA”), 42 U.S.C. § 1981 (“Section 1981”), and the District of Columbia
Human Rights Act (“DCHRA”), as well as related constitutional claims arising from his
employment in Dr. Alexander Kroemer’s laboratory. The District Court granted the University’s
motion for judgment on the pleadings and dismissed all the claims against the University. Dr. Liu
filed a motion for reconsideration, which the District Court denied.
At the judgment on the pleadings stage, we must view the allegations in the light most
2
favorable to Dr. Liu as the non-moving party, granting him all reasonable inferences. See
Schuchart v. La Taberna Del Alabardero, Inc., 365 F.3d 33, 34 (D.C. Cir. 2004). We hold that
the District Court erred in conducting its comparator analysis for the claims of national-origin
discrimination when it held Dr. Liu to the stricter standard that applies at the summary-judgment
stage, rather than the pleading standard that applies at the motion-to-dismiss stage. See Joyner v.
Morrison & Foerster LLP, 140 F.4th 523, 530–31 (D.C. Cir. 2025). Nonetheless, we conclude
that, applying the proper standard, Dr. Liu has failed to state a claim that the University unlawfully
discriminated and retaliated against him based on his national origin. Dr. Liu’s remaining claims
also fail for reasons of inadequate pleading, lack of exhaustion, or lack of redressability. We
therefore affirm the District Court’s dismissal of all Dr. Liu’s claims. We further hold that the
District Court did not abuse its discretion in denying Dr. Liu’s motion for reconsideration.
I.
A.
The Court draws the following facts from Dr. Liu’s Second Amended Complaint, which
are accepted as true for purposes of this appeal. See Bell Atl. Corp. v. Twombly, 550 U.S. 544,
555 (2007). This Court will also consider documents that are referred to in the Complaint and his
filings as “integral” to Plaintiff’s claims. See Banneker Ventures, LLC v. Graham, 798 F.3d 1119,
1133 (D.C. Cir. 2015) (quoting Kaempe v. Myers, 367 F.3d 958, 965 (D.C. Cir. 2004)); see,
e.g., Brown v. Whole Foods Mkt. Grp., Inc., 789 F.3d 146, 152 (D.C. Cir. 2015) (“We have
previously held that a district court errs in failing to consider a pro se litigant’s complaint “in light
of” all filings, including filings responsive to a motion to dismiss.”) (internal cita
{# E23 (Nick, ruling section 1 answer 10): quoting a bill or a court opinion works
the way quoting a news article works. Select a passage above and the same panel
opens: the passage goes to the official you choose, with this document's own
address as its source and its own type. #}