Atkins v. LQ Management, LLC, 3:13-cv-00562

Five former La Quinta Inn employees sue under THRA alleging discrimination, hostile work environment, retaliation, and constructive discharge.
Defendant moved for summary judgment on all claims; plaintiffs consolidated response focuses on hostile environment claims.
Court granted summary judgment on race discrimination, retaliation, and constructive discharge claims, leaving hostile environment claim for trial.
Plaintiffs argue racially hostile atmosphere created by manager Campbell; defendant argues no prima facie case and no pretext, with legitimate reasons for actions.
Court applies Faragher/Ellerth defense framework to supervisor-created harassment claims and notes credibility issues requiring trial.
Case proceeds to trial on the sole remaining THRA hostile environment claim.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether plaintiffs state a THRA hostile environment claim	Akridge et al. allege racially hostile environment by Campbell.	Harassment claims insufficiently proven and not pervasive enough to alter conditions.	Hostile environment claim survives for trial; others dismissed
Whether the Faragher/Ellerth defense defeats liability	Policy existed but employees failed to utilize it effectively; issues of access remain.	Employer took reasonable care and policy in place; employee failure to use it is dispositive.	Questions of material fact remain; Faragher/Ellerth not dispositive at summary judgment
Whether substantial similarity and conduct establish a prima facie case	Black employees faced discriminatory comments and unequal treatment.	Record shows lack of substantially similar comparators and de minimis hour differences.	Analyses conducted; unresolved credibility issues kept claim viable for trial

Harris v. Forklift Sys., Inc., 510 U.S. 17 (Supreme Court (1993)) (touchstone for severe or pervasive harassment standard)
Galeski v. City of Dearborn, 435 F. App’x 461 (6th Cir. 2012) (comparison on “workplace harassment” sufficiency not controlling here)
Ellerth, 524 U.S. 742 (Supreme Court (1998)) (Faragher/Ellerth defense framework for supervisor harassment claims)
Faragher, 524 U.S. 775 (Supreme Court (1998)) (employer liability framework for supervisory harassment)
Gallagher v. C.H. Robinson Worldwide, Inc., 567 F.3d 263 (6th Cir. 2009) (standard for harassment policy adequacy under THRA/Title VII)
Williams v. Gen. Motors, 187 F.3d 553 (6th Cir. 1999) (totality of circumstances in hostile environment analysis)
Owhor v. St. John Health-Providence Hosp., 503 F. App’x 307 (6th Cir. 2012) (hostile environment elements and framework)