Sixth Circuit Reverses SJ in Failure to Promote Case
In Levine v. DeJoy (6th Cir., No. 22-1388, 04/10/23), Levine sued the United States Postal Service (USPS), alleging discrimination by failing to promote her based on race. The Sixth Circuit reversed the trial court's summary judgment for the employer. Levine, an...
Sixth Circuit Reverses Dismissal of FMLA Claim
In Milman v. Feiger & Feiger, P.C. (6th Cir., No. 21-2685, 01/25/2023), Milman sued the employer law firm, alleging the employer violated the FMLA when it terminated her immediately after she requested unpaid leave to care of her son. The Sixth Circuit reversed...
Sixth Circuit Breaks from Other Circuits on Liability for Sexual Harassment by Customer
In a break from the EEOC and other circuits, in Bivens v. Zep, Inc. (6th Cir. No. 24-2109, 08/08/2025) the Sixth Circuit held that an employee must prove intent—not merely negligence—when claiming employer liability for harassment by a customer. Bivens, a salesperson...
Sixth Circuit Affirms Vacatur of Jury Verdict in ADEA Case
In Lowe v. Walbro (6th Cir., No. 24-2011, 08/05/2025), a jury found that Kenneth Lowe was discharged because of his age. The trial court vacated the verdict, and the Sixth Circuit affirmed. Lowe's position had been eliminated and he had no direct evidence of age...
Sixth Circuit Reverses SJ on Potential Cat’s Paw Analysis
In Gray v. State Farm Mutual Auto Insurance Co. (6th Cir., No. 24-3086, 07/25/2025), Gray sued for retaliation under the ADA. The district court granted summary judgment for the employer, and the Sixth Circuit reversed. In this case, a supervisor was alleged to have...
Not So Fast – 4th Circuit Holds Attempt to Vacate Labor Arbitration Award Premature
In Wheeling Power Co v. Local 492 Utility Workers Union (4th Cir., No. 23-1157, 07/25/2025), Wheeling Power Company operated a power plant (the “Mitchell Plant”) whose employees were members of Local 492. A collective bargaining agreement recognized Local 492 as the...
Sixth Circuit Finds Sufficient Comparator Evidence – Reverses on Gender Discrimination Claim
In Hayes v. Clariant Plastics & Coatings USA (6th Cir., No. 24-1336, 07/18/2025), the plaintiff was terminated as part of a reduction in force. She sued, alleging age and sex discrimination, and hostile work environment. The district court granted summary judgment...
Sixth Circuit – Workplace “Culture” Argument Fails in Age Discrimination Case
In Kean v. Brinker International d/b/a Chili's (6th Cir., No. 24-5514, 06/17/2025), the restaurant chain fired a 59-year-old restaurant general manager, replaced him with a 33-year-old, and he sued claiming age discrimination. The trial court granted summary judgment...