573 F. App'x 525
6th Cir.2014Background
- Chandler worked as a Mortgage Loan Originator for Regions Bank (Nov 2008–June 2011).
- He alleges Regions favored female employees in branch allocations and internal referrals, harming male MLOs.
- He complained internally and to HR about discriminatory branch assignments and referral practices.
- Plaintiff alleges retaliation after EEOC complaints, including hostile treatment of loan approvals and slow processing.
- He resigned in June 2011, later sued in federal court alleging Title VII and THRA discrimination and retaliation.
- District court granted Regions’ summary judgment; on appeal, only retaliation and disparate impact issues are challenged.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiff's Title VII disparate impact claim survives | Chandler contends branch allocations and open-referral system had disparate impact on males | Regions argues lack of statistical or other evidence showing adverse impact on male MLOs | Disparate impact claim fails; insufficient evidence of adverse impact |
| Whether plaintiff's Title VII retaliation claim can survive | Chandler asserts protected activity caused adverse actions by Regions | Unable to show a causal link or material adverse actions supported by evidence beyond self-report | Retaliation claim fails for lack of causation/evidence; affirmed summary judgment |
| Whether the district court erred in applying the retaliation standard | District court treated slow-walking as non-adverse | Standard misapplied; causal link needed | District court erred in requiring discrimination standard for retaliation, but ruling still affirmed due to lack of causation evidence |
| Overall disposition of plaintiff’s claims | Claims should go to jury | Claims insufficient as a matter of law | Affirmed district court’s grant of summary judgment in defendant's favor |
Key Cases Cited
- Laster v. City of Kalamazoo, 746 F.3d 714 (6th Cir. 2014) (retaliation standard; material adverse action differs from discrimination action)
- Burlington N. & Santa Fe Ry. Co. v. White, 548 U.S. 53 (U.S. 2006) (materially adverse action standard for retaliation)
- Lynch v. Freeman, 817 F.2d 380 (6th Cir. 1987) (evidentiary burden not strictly statistical; prima facie burden flexible)
- Nassar v. Univ. of Texas Sw. Med. Ctr., 133 S. Ct. 2517 (U.S. 2013) (but-for causation standard for retaliation)
- Avery Dennison Corp. v. EEOC, 104 F.3d 858 (6th Cir. 1997) (but-for causation and retaliation framework guidance)
- Zanders v. National R.R. Passenger Corp., 898 F.2d 1127 (6th Cir. 1990) (causal connection requirements in retaliation cases)