Rogers v. Henry Ford Health System

Rogers, an African-American woman, has been employed by HFHS for more than 30 years. After she was denied reclassification as a Senior Consultant, Rogers made an internal complaint of racial and age discrimination. An internal investigation found no evidence of discrimination. Rogers filed an EEOC charge. A few months later, co-workers began reporting that Rogers’s emotional state was erratic and that they feared she might pose a physical threat. Rogers was placed on paid leave and sent for a fitness-for-duty exam. After a doctor cleared Rogers for work, she claims that she was offered the choice of either transferring to an HFHS subsidiary or taking severance. Rogers chose the transfer, then filed another EEOC charge, alleging retaliation. The EEOC found probable cause. Rogers filed suit alleging violations of 42 U.S.C. 1981; Title VII of the Civil Rights Act, 42 U.S.C. 2000e; and the Michigan Elliott-Larsen Civil Rights Act. The Sixth Circuit affirmed summary judgment for HFHS with respect to Rogers’s claims of racial and age discrimination but reversed summary judgment with respect to retaliation. Rogers did not produce evidence that she performed job duties more advanced than those covered by her job description and, therefore, was qualified for reclassification and that she was treated differently than a similarly situated person outside the protected class. A reasonable factfinder could, however, conclude that Rogers suffered materially adverse actions very close in time after an employer learns of a protected activity. View "Rogers v. Henry Ford Health System" on Justia Law