6th Circuit rejects employee’s claim of ‘hyper-scrutiny’ as discrimination evidence

The U.S. 6th Circuit Court of Appeals (which covers Michigan employers) recently upheld the dismissal of a lawsuit alleging the employer had fired the employee because of his sexuality in violation of Title VII of the Civil Rights Act of 1964 and Michigan’s Elliott-Larsen Civil Rights Act (ELCRA).

Facts

Ryan Boshaw, an openly gay man, was the restaurant operations manager for Midland Brewing Company. He claimed he was terminated in violation of Title VII and the ELCRA. He alleged the restaurant manager told him he wouldn’t be promoted unless he appeared more masculine and hid his sexual orientation.

Boshaw complained about the manager’s comment to Midland Brewing’s majority owner, David Kepler. Among his many allegations, he claimed he was retaliated against for engaging in the protected activity of raising a civil rights complaint.

Midland Brewing stated its nondiscriminatory reason for terminating Boshaw was that he violated work rules and instructions on multiple occasions. In an attempt to avoid summary judgment (dismissal without a trial) against him, the former employee claimed he was subjected to “hyper-scrutiny” after the complaint, which showed the employer’s reasons for discharge were false and a pretext (or cover-up) for discrimination.

‘Too vague’