A recently filed federal lawsuit alleges that a former executive was subjected to race discrimination and retaliation by her employer after raising concerns about workplace treatment. The complaint outlines claims of unequal treatment, adverse employment actions, and the denial of severance benefits in violation of multiple federal laws.
The suit was filed by Margo Davis in the United States District Court for the Northern District of Georgia on March 26, 2026, naming Intuitive Surgical, Inc. and Intuitive Surgical Operations, Inc. as defendants.
According to the complaint, Davis began her employment with the defendants on September 26, 2022 as Vice President of Human Resources for Corporate Functions. Her initial compensation included a base salary of $330,000 with a target bonus equal to half her salary and an equity grant valued at $1.2 million. By 2025, her annual salary had increased to over $356,000 with additional equity awards recognizing what she describes as excellent performance.
Davis states that she initially reported to Michele DiMartino but later came under the supervision of Christina Brzica after DiMartino’s departure in June 2023. During this period, Davis alleges that Brzica excluded her from key meetings and presented Davis’s work as her own without consent or acknowledgment. These incidents were reported to Gary Guthart, Chief Executive Officer of Intuitive Surgical. Brzica reportedly admitted misrepresenting Davis’s work during meetings with Guthart and explained it was done to influence future reporting structures within the company. Brzica was terminated from employment on March 3, 2025.
After October 2024, Davis began reporting to Pat Wadors as Chief Human Resources Officer. She received criticism in her 2024 performance review regarding engagement style and communication—feedback which Davis contends perpetuated racial stereotypes about African American women being “emotional,” having “trust issues,” or problematic communication styles. The complaint asserts that similar criticisms were not directed at white executives in comparable positions.
Davis alleges that she raised concerns about discriminatory treatment beginning April 3, 2025 during monthly meetings with Gary Loeb, Chief Legal and Compliance Officer for the defendants. She continued these reports through June 2025 and also brought complaints directly to Associate General Counsel Katrina Thomas-Dycus on June 13 and June 17 regarding adverse employment options presented by Wadors.
On June 6, 2025 Wadors sent Davis an email outlining three options: accept a demotion with eventual termination; accept another demoted position requiring relocation from Georgia to California; or exit early with reduced severance benefits. Following these events—and after Davis’s internal complaints—the company shifted its characterization of these options from mandatory choices with deadlines to “just options.” Nevertheless, on August 15, 2025 Davis was placed on paid administrative leave effective immediately before being terminated December 1, 2025.
The complaint further claims violations under the Employee Retirement Income Security Act (ERISA), stating that while company policy entitled Vice Presidents like Davis to approximately thirty-two weeks of severance based on years of service (with additional COBRA health coverage payments), she was offered only twelve weeks plus three months’ COBRA—less than what similarly situated non-African American executives allegedly received.
Davis asserts that all adverse actions occurred shortly after she began making protected complaints about discriminatory practices within the organization—a timeline she argues supports a causal connection between her opposition activity and subsequent employment decisions.
In addition to economic losses such as lost salary ($356,135 annually), bonuses ($178,067 annually), unvested equity exceeding $1.9 million across several years’ vesting schedules (including over $1 million scheduled for November 2025), Davis claims severe emotional distress requiring ongoing medical care.
The legal filing brings six counts: race discrimination under Title VII; retaliation under Title VII; race discrimination under Section 1981; retaliation under Section 1981; denial of ERISA plan benefits; and race discrimination in application of ERISA plan benefits under Section 1981. For each count she seeks compensatory damages for lost wages and emotional distress; punitive damages where permitted by law; full payment of severance benefits due under ERISA terms; attorney fees; declaratory relief establishing statutory violations; injunctive relief including reinstatement or front pay; costs; interest; and any other relief deemed proper by the court.
Margo Davis is represented by Monica Garcia of Barrett & Farahany in Atlanta (Georgia Bar No. 283744). The case is identified as Civil Action No. 1:26-cv-01628-SEG-CMS.
Source: 126cv01628_Margo_Davis_v_Intuitive_Surgical_Complaint_Northern_District_of_Georgia.pdf
