Bonds v. Varian Medical Systems, 672 F. App'x 562

Bonds was hired by Varian in 2011 on a 180‑day probation to be a field service representative working on Clinac C linear accelerators; passing a final Hardware L2 Beam certification exam was required to continue.
During probation Bonds failed four of five weekly quizzes; he attributed failures originally to time limits (later blamed a mouse), and Varian barred him from taking the initial certification with his class.
Supervisor Read raised concerns about Bonds soliciting outside business during training and about his initiative; after Read retired, new supervisor Brookes extended Bonds’s probation 180 days and scheduled a new certification exam.
Bonds failed the March 7 certification exam by one question and was laid off eight days later; he was 46 at the time and sued under Michigan’s Elliott Larsen Civil Rights Act claiming age discrimination and retaliation.
The district court granted Varian summary judgment; on appeal Bonds argued indirect evidence of age discrimination but lacked direct evidence or comparators showing discriminatory application of the testing policy.
The court found Bonds unqualified because he failed the required exam, and that Varian’s nondiscriminatory reason (exam failure) was not shown to be pretextual.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Varian discharged Bonds because of age under Michigan law	Bonds contends age was a determining factor and that the new test was applied in a way that discriminated against him	Varian asserts Bonds was fired for failing the required certification exam, a legitimate, nondiscriminatory reason	Held for Varian: Bonds failed the exam, was unqualified, and presented no evidence that age motivated the discharge
Whether Bonds presented direct evidence of age discrimination	Bonds admits he has no direct statements about age by Varian personnel	Varian notes no ageist remarks and that adverse actions were tied to performance and misconduct reports	Held: No direct evidence of age discrimination
Whether Bonds made a prima facie case under McDonnell Douglas framework	Bonds argued circumstantial facts (test difficulty, profile comments) could support inference of age bias	Varian argued Bonds cannot show he was qualified (he failed the exam) and offered legitimate reason for termination	Held: Even if a prima facie case existed, Varian produced nondiscriminatory reason and Bonds failed to show pretext
Whether Varian’s explanation was pretextual	Bonds argued the later exam was harder and that other non‑age factors were cited inconsistently by Varian	Varian produced consistent documentary evidence tying discipline and termination to test performance and training issues	Held: No sufficient evidence of pretext; summary judgment affirmed

Blackwell v. Sun Elec. Corp., 696 F.2d 1176 (6th Cir. 1983) (age must be a determining factor in termination)
Hecht v. Nat’l Heritage Acads., Inc., 886 N.W.2d 135 (Mich. 2016) (jury may find age was cause even if not sole factor)
Richardson v. Wal‑Mart Stores, Inc., 836 F.3d 698 (6th Cir. 2016) (standard for defeating summary judgment in discrimination cases)
Sniecinski v. Blue Cross & Blue Shield of Mich., 666 N.W.2d 186 (Mich. 2003) (direct vs. indirect evidence distinction in discrimination claims)
Scheick v. Tecumseh Pub. Sch., 766 F.3d 523 (6th Cir. 2014) (definition of direct evidence requiring no inference)
McDonnell Douglas Corp. v. Green, 411 U.S. 792 (U.S. 1973) (burden‑shifting framework for indirect evidence)
Lytle v. Malady, 579 N.W.2d 906 (Mich. 1998) (application of McDonnell Douglas in Michigan law)
Simpson v. Midland–Ross Corp., 823 F.2d 937 (6th Cir. 1987) (elements of prima facie case for age discrimination)
Cicero v. Borg–Warner Auto., Inc., 280 F.3d 579 (6th Cir. 2002) (showing pretext by proving employer's reasons lack basis or motivation)