Martinez v. Cracker Barrel Old Country Store, Inc., No. 11-2189 (6th Cir. 2013)
Annotate this CaseMartinez worked for Cracker Barrel until 1999 when she voluntarily left. She was rehired in 2000 as retail manager, a position she held until her termination in 2010, after she engaged in wide-ranging, heated series conversations with four employees, involving the Haiti earthquake, the plight of those in Haiti, and the use of a state public assistance program by several employees. An associate manager overheard the conversations and filed a formal complaint, alleging Martinez made inappropriate racial comments. Martinez claims that she was singled out while all four employees participated in the discussion. During an investigation, it became apparent that other employees, not managers, used inappropriate racial terms such as “ghetto card” and Cracker Barrel imposed policy reviews on those employees, all African-American. Cracker Barrel determined that Martinez had violated specific company rules prohibiting rude and boisterous conduct, or any form of discriminatory or harassing behavior. Martinez sued (42 U.S.C 1981; MCL 37.2101) , alleging “reverse” racial discrimination in the handling of her termination. Cracker Barrel offered reinstatement, but interpreted her response letter from counsel as a rejection. The district court entered summary judgment for Cracker Barrel. The Sixth Circuit affirmed.
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