Fournier v. Illinois Tool Works, Inc.
2:24-cv-10355
E.D. Mich.Apr 15, 2025Background
- Sara Fournier worked for Deltar Fasteners, a division of Illinois Tool Works, and was terminated in October 2023 from her position as European Account Manager.
- Fournier alleged she experienced and observed gender discrimination and retaliation after she reported discriminatory practices to HR and management.
- Her claims focused on not being allowed to transfer, lack of a performance improvement plan before termination, and being denied an opportunity to interview for a promotion.
- The lawsuit was brought under Michigan’s Elliot-Larsen Civil Rights Act (ELCRA) and originally filed in state court, later removed to federal court under diversity jurisdiction.
- Defendant moved for summary judgment; the court reviewed whether genuine disputes of material fact existed regarding the discrimination and retaliation claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Gender Discrimination Under ELCRA | Discrimination in termination and promotion; lack of PIP or transfer | No evidence of discrimination; no similarly situated comparator; claim waived | Summary judgment granted—claim waived and unsupported |
| Retaliation Under ELCRA | Terminated for complaints about gender discrimination in promotion process | No causal connection between protected activity and adverse action; no proof decisionmaker knew | Summary judgment granted—no causal connection or knowledge |
Key Cases Cited
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (standard for summary judgment, requiring genuine dispute of material fact)
- Celotex Corp. v. Catrett, 477 U.S. 317 (party moving for summary judgment must show absence of dispute on material fact)
- Lytle v. Malady, 579 N.W.2d 906 (elements of prima facie discrimination under Michigan law)
- Marsh v. Dep’t of Civ. Serv., 433 N.W.2d 820 (need for similarly situated comparator in sex discrimination claims)
- DeFlaviis v. Lord & Taylor, Inc., 566 N.W.2d 661 (prima facie case of retaliation under Michigan law)
- McPherson v. Kelsey, 125 F.3d 989 (issues must be properly developed or are deemed waived)