Queen v. City of Bowling Green, No. 18-5840 (6th Cir. 2020)
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Queen, a Bowling Green firefighter, 2011-2016, was subject to harassment because he is an atheist. According to Queen, he was forced to participate in Bible studies; his co-workers and supervisors badgered him regarding his sexuality and regularly disparaged minorities. In 2012, Queen complained to his supervisor, Rockrohr, who “responded in hostility.” Rockrohr later told Queen that he had discussed the matter with the fire chief and they both believed that Queen “needed to get employment somewhere else.” Queen apologized. Queen’s employment conditions did not improve. Queen was intentionally tripped while retrieving his gear and was regularly subject to disparaging remarks. Stress and anxiety caused Queen to take a leave of absence. While on leave, Queen received many phone calls from his supervisors asking why he was absent.
Queen resigned and filed suit under the Kentucky Civil Rights Act, alleging hostile work environment based on religion and gender, constructive discharge, retaliation, and violations of the Family and Medical Leave Act. The district court granted the defendants summary judgment on hostile work environment based on religion and gender and the FMLA claims. On interlocutory appeal, the Sixth Circuit affirmed the denial of qualified immunity to the city on the claims for hostile work environment based on religion and for retaliation and denial of qualified immunity to Rockrohr for the retaliation claim.
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