Tilley v. Kalamazoo Cnty. Road Comm'n, No. 14-1679 (6th Cir. 2015)Annotate this Case
Tilley, 59 years old, began working for the Road Commission in 1993. In 2008, Tilley began reporting principally to Bartholomew, the Commission’s general superintendent. After several disputes between the two, Tilley was fired. He sued, alleging termination based on his age in violation of Michigan’s Elliot-Larsen Civil Rights Act, M.C.L. 37.2201, and that the Road Commission interfered with his right to, and retaliated against him for taking, medical leave under the Family Medical Leave Act, 29 U.S.C. 2601. The district court granted the Road Commission’s motion for summary judgment on all of Tilley’s claims. The Sixth Circuit affirmed summary judgment on Tilley’s ELCRA age-discrimination claim, but reversed summary on Tilley’s claims under the FMLA. Tilley presented sufficient evidence to create a material factual dispute on his claim that the Road Commission was equitably estopped from denying that he was covered under the FMLA. Because the district court granted summary judgment on the basis that Tilley was not an “eligible employee,” it did not address the other bases on which the Road Commission sought summary judgment on Tilley’s FMLA interference and retaliation claims.