Fired employee can't overcome 'above-board reasons' for termination

On July 6, employers received a favorable decision from the 6th Circuit involving a retaliation claim filed by someone who had complained about discriminatory conduct.

Facts

Karen Kenney sued Aspen Technologies, Inc., when it terminated her 75 days after she complained about its alleged discriminatory hiring practices. She claimed the termination violated both Title VII and Michigan's Elliott-Larsen Civil Rights Act. Specifically, she alleged Aspen terminated her employment because she questioned its recruiting practices and discussed the prosecution of certain employees who fraudulently collected unemployment benefits.

Kenney had previously worked for Aspen until she resigned to take a job in another state. In 2015, Aspen reached out to her about returning because it needed a manager who could "tighten the ship."

Shortly after her return to Aspen, however, two employees filed complaints against Kenney for mistreatment. Additionally, the turnover rate spiked at a time when retaining employees was critical to meeting increased production demands. When she filed her lawsuit, Aspen claimed those were the reasons for her termination three months after her return and requested summary judgment (dismissal in its favor without a trial).

Court's decision

The district court granted Aspen's summary judgment request because Kenney hadn't established a prima facie (minimally sufficient) retaliation case. The 6th Circuit agreed, determining she couldn't establish causation.