Roman v. MI Dep't of Human Serv., No. 10-2174 (6th Cir. 2012)
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In 2000 plaintiff, a Caucasian, began working at a juvenile detention facility. He was a member of the Michigan State Employees Association Union and could only be terminated for cause. Between 2005 and 2007, plaintiff was the subject of incident reports, referred to formal counseling, and suspended several times. In 2007, a co-worker filed a Confidential Discriminatory Harassment Report with the Michigan Department of Human Services. Plaintiff responded by filing an EEOC claim of discrimination. He obtained a right-to-sue letter. After his termination and unsuccessful arbitration, plaintiff filed suit alleging race discrimination (42 U.S.C. 2000e) and violation of the Family and Medical Leave Act (29 U.S.C. 2615(a)(1),(2)). The district court entered summary judgment for defendants. The Sixth Circuit affirmed, with respected to the Title VII claims, but vacated with respect to the FLMA. Plaintiff created a genuine issue of material fact regarding whether defendant retaliated against him for exercising his FMLA rights.
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