Retaliation in violation of the Elliott-Larsen Civil Rights Act (ELCRA); “Protected activity”; Causation

The court affirmed the trial court’s order granting defendants-City of Flat Rock Fire Department and the City of Flat Rock summary disposition under MCR 2.116(C)(10) in this employment case involving allegations of retaliation in violation of ELCRA. Plaintiff argued “that he established the prima facie elements of an ELCRA retaliation claim and that defendants’ proffered legitimate reason for the employment action was purely pretextual.” The court disagreed. It concluded that “a trier of fact could reasonably infer from” the deposition testimony of a nonparty former fire department employee (C) that plaintiff supported C’s “harassment and discrimination claim against defendants and thus engaged in protected activity.” It also found that “a trier of fact could reasonably infer that defendants had knowledge that plaintiff supported [C’s] harassment and discrimination claim against defendants.” But it determined that “the evidence does not establish a causal connection between [C’s] deposition and plaintiff’s placement on administrative leave.” Finally, plaintiff did not “present sufficient evidence from which a fact-finder could reasonably infer that defendants’ decisions to place plaintiff on administrative leave and to continue his leave had a retaliatory basis.” To the extent “the trial court concluded that plaintiff established a prima facie claim of retaliation under the ELCRA,” the court disagreed because he “failed to present sufficient evidence of a causal connection.” But the court found that its holding was “the same: plaintiff failed to establish a genuine issue of material fact whether defendants had a legitimate reason to place him on administrative leave and to continue his leave.”