Nathan v. Great Lakes Water Authority, No. 20-1761 (6th Cir. 2021)Annotate this Case
Massey began working as a security guard in 2004. Massey alleges that her supervisors and co-workers commented on “her weight, the size of her breast, her looks and body [odor]”; and referred to her as the “Queen of FMLA.” She alleges she was denied medical leave. In 2015, Great Lakes became Massey’s employer. Supervisors told Massey that she looked “sloppy,” and that her breasts were “drooping.” Massey went to human resources; she claims the harassment continued. On October 29, 2017, Massey was driving a Great Lakes van when the van incurred damage. Massey claimed that she was not aware that she had been in an accident. Massey claims that she was approved for FMLA leave for breast reduction surgery through November 17: there is no record that anyone at Great Lakes knew about her FMLA leave for her surgery. On November 15, Massey was told that it had been determined that she falsified her incident report. Great Lakes terminated her employment on December 16, 2017.
Massey filed an EEOC complaint, alleging sexual harassment and retaliation, and later sued, alleging sexual harassment, retaliation, and gender discrimination under Title VII and the Michigan Elliot-Larsen Civil Rights Act and FMLA retaliation. The Sixth Circuit affirmed summary judgment in favor of Great Lakes, finding insufficient evidence that the harassment Massey faced was “severe or pervasive.” Great Lakes established that it honestly believed that Massey falsified her report as a basis for her termination.