Doss v. Corrections, 2:20-cv-10266

Background

Michael Doss, an African‑American MDOC employee since 2006, rose to Captain, was bumped to Lieutenant in Feb. 2018 after a reduction‑in‑force, and later promoted back to Captain in 2021.
At a Parnall facility Christmas party (Dec. 16, 2017) Captain Frank Sawyer used a racial slur; Doss filed a complaint (Dec. 21, 2017). MDOC investigated and suspended Sawyer five days.
Doss filed additional discriminatory‑harassment complaints (Sept. 2018, Sept. 2019). He received written performance counselings (Apr. 2018, Jan. 2019) and a July 2019 written reprimand for attaching confidential logbook pages to a grievance.
Doss applied for Captain and Inspector vacancies in 2019 but was not selected; panels recommended other candidates (selected Captain, Sheryl Bailey, is African‑American).
Procedural posture: state ELCRA claims (retaliation, disparate treatment, hostile work environment) survived removal; MDOC moved for summary judgment and the district court granted judgment for MDOC, dismissing Doss’s claims with prejudice.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
ELCRA retaliation: causation for adverse actions (bump, counselings, reprimand, failure to promote)	Doss contends his complaints led to being labeled a snitch, demoted, counseled/reprimanded, and passed over for promotions; points to temporal proximity and coworker opinions	MDOC says adverse actions had legitimate nondiscriminatory reasons (RIF/bumping under MCSC regs, panels unaware of complaints, work‑rule violation for logbook) and temporal proximity alone is insufficient	Court: summary judgment for MDOC — Doss failed to show but‑for causation or pretext; temporal proximity alone insufficient and decisionmakers lacked knowledge of complaints
ELCRA disparate treatment: failure to promote / bump	Doss asserts he was qualified and was denied promotions and treated worse because of race	MDOC shows RIF‑driven bumping (administered by HR who lacked knowledge of complaint), selection by panels based on qualifications; selected Captain is same race	Court: summary judgment for MDOC — no inference of racial discrimination; plaintiff failed to meet prima facie or show pretext
ELCRA hostile work environment (severe or pervasive harassment)	Doss relies on Sawyer’s 2017 slur and several other offensive comments by coworkers as creating hostile environment	MDOC says incidents were isolated/offhand, many unreported, and it promptly investigated and disciplined Sawyer	Court: summary judgment for MDOC — conduct not sufficiently severe or pervasive; employer took prompt remedial action (investigation, discipline)
Evidence of pretext / admissibility of lay testimony and temporal proximity	Doss cites panel member testimony (Bailey) and temporal proximity as circumstantial evidence of pretext	MDOC notes lay opinions from non‑decisionmakers are not probative of decisionmakers’ motives and that temporal proximity is insufficient without other evidence; other lawful reasons explained	Court: discount lay opinion from non‑decisionmakers; applied McDonnell Douglas — plaintiff failed to rebut legitimate reasons or show pretext

Key Cases Cited

Celotex Corp. v. Catrett, 477 U.S. 317 (1986) (summary judgment standard)
Anderson v. Liberty Lobby, 477 U.S. 242 (1986) (genuine dispute and reasonable jury standard)
McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) (burden‑shifting framework for discrimination claims)
Burlington Indus., Inc. v. Ellerth, 524 U.S. 742 (1998) (tangible employment actions, examples of adverse actions)
Faragher v. City of Boca Raton, 524 U.S. 775 (1998) (hostile work environment factors)
Harris v. Forklift Sys., Inc., 510 U.S. 17 (1993) (severity/persuasiveness standard for hostile work environment)
Jackson v. Genesee Cnty. Rd. Comm'n, 999 F.3d 333 (6th Cir. 2021) (ELCRA/Title VII causation and temporal proximity discussion)
Hazle v. Ford Motor Co., 464 Mich. 456 (Mich. 2001) (ELCRA/Title VII framework and proof of discrimination)