Bromley v. Parisian, Inc.

55 F. App'x 232
CourtCourt of Appeals for the Sixth Circuit
DecidedDecember 20, 2002
DocketNo. 01-1874
StatusPublished
Cited by4 cases

This text of 55 F. App'x 232 (Bromley v. Parisian, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bromley v. Parisian, Inc., 55 F. App'x 232 (6th Cir. 2002).

Opinion

OPINION

COLE, Circuit Judge.

Plaintiff-Appellant Nicole Bromley appeals the district court’s grant of Defendant-Appellee Parisian Ine.’s motion for summary judgment. Bromley was an employee of Parisian, Inc. d/b/a/ Younkers (hereinafter ‘Younkers”). Bromley brought a diversity action under 28 U.S.C. § 1332, asserting that she was wrongfully discharged in violation of Michigan’s Elliot — Larsen Civil Rights Act (“ELCRA”) and the Whistleblowers’ Protection Act (“WPA”). The district court dismissed Bromley’s WPA claim for failure to show any causal connection between her complaint and her discharge. The district court granted Younkers’ motion for summary judgment with regard to the EL-CRA claim, finding that Bromley failed to establish a prima facie case.

Bromley now appeals from the grant of summary judgment on the ELCRA claim. Bromley does not appeal the district court’s dismissal of her WPA claim. Bromley asserts two issues for review: (1) whether the district court erred in finding that she did not engage in activity protected under ELCRA; and (2) whether the district court improperly weighed evidence and resolved genuine issues of material fact in determining that she could not demonstrate a causal connection between her allegedly protected activity and her termination.

For the reasons that follow, we AFFIRM the judgment of the district court.

I. BACKGROUND

Nicole Bromley was employed by Younkers as a management trainer from April 15, 1998, until October 18, 1999. Originally, she worked out of a Younkers office in Milwaukee, Wisconsin. While there, Bromley was told in a disciplinary interview that she needed to improve her work conduct in several respects in order to maintain employment with the company. In October of 1998, at her request, Brom-ley was transferred to a Younkers store in Grandville, Michigan.

During Bromley’s tenure at the Michigan store, significant problems arose with regard to the job satisfaction of two particular employees, George Styes and Amy Stack-Richey. Styes and Stack-Richey are the two employees on whose behalf Bromley was allegedly opposing discriminatory activity. Bromley asserts that Styes was a victim of weight discrimination and Stack-Richey a victim of sexual harassment. Bromley claims that her termination was in retaliation for her opposition to the discrimination these two individuals encountered.

In May of 1999, the Grandville store sought to hire a dock manager. Styes [234]*234interviewed for the position. According to Bromley, Kathleen Donahue, an assistant store manager, expressed concern over hiring Styes for the position because of his weight. Bromley asserts that Donahue stated, “Well, he’s a very fat man and we don’t have anyone else applying for the job, but I have doubts about hiring such a large man to work in the dock.” Bromley states that her response to Donahue was, “If that’s the only reason you’re not considering hiring him, don’t even think about it. You cannot not hire somebody because of their weight.” Styes was hired for the position.

Bromley asserts that she witnessed numerous discriminatory remarks about Styes’s weight. In June, Dan Montgomery, the store manager, allegedly told Bromley that “you could tell by looking at him that he knows where to eat.” In August, Bromley overheard Montgomery comment that Styes “isn’t built for this. He sweats like a fat pig and gets nothing accomplished.” Lastly, in September, Bromley claims to have overheard Montgomery saying that the SlimFast beverage in the company refrigerator must belong to Styes.

In September, 1999, just before Styes’s first scheduled performance evaluation, Montgomery reportedly told Styes that he would be unlikely to remain with the company unless he did a “100% turn around.” On September 10, Bromley e-mailed her supervisor, Jodi Gruening, to inform her that Styes was very concerned about losing his job. Gruening responded by telling Bromley, “This is between George [Styes] and Dan [Montgomery], You do not need to be involved more than a listening ear as a Mend. If he has performance issues, then Dan is well within his boundaries to part company within George’s 90 days.” This same morning, Bromley sent another e-mail to Gruening, stating, “George [Styes] also wasn’t allowed to have his picture taken with the group picture .......and he also did not receive a floor tile like the other managers that was engraved.....Yet he was the first one on board.... Just FYI .... (pretty sad huh).” (Ellipses in original).

On September 14, just a few days after the exchange of these e-mails and the conversation in which Montgomery informed Styes that he needed to turn his performance around, Styes resigned his position. Styes expressed to Bromley his frustration with the poor treatment he felt he received as an employee of Younkers. Styes stated in an e-mail, “I feel I have been discriminated against due to the simple fact that Dan Montgomery does not like me.” Bromley forwarded this message to her supervisor, Gruening, prefacing the message with the statement that “I believe he is talking Law Suit here____ Should anyone be concerned ... ? ? ? I believe he feels its [sic] a weight issue as well as far as not being in the picture!!!” (Ellipses in original).

Gruening responded with an e-mail saying, “I don’t see anything about weight or a law suit in George’s TAO [e-mail]. Did he SAY that to you?” Bromley replied, “The weight thing was mentioned before ...... Just that what concerns me is when he said discrimination.... We covered that kind of thing in Diversity...... He did not SAY law suit ... just want you to know we talked about the weight thing before.... ” (Ellipses in original). Brom-ley alleges that “on or about September 14,” the day that Styes resigned, she “suggested that Mr. Styes seek legal counsel regarding the discriminatory treatment he received.”

Bromley also contends that Stack-Rich-ey, also employed at the Grandville store, approached her with a number of complaints about her employment, including [235]*235sexual harassment by a co-worker. Brom-ley states that she passed this information along so that the company would be aware of it. The record is silent, however, as to whom and in what manner this information was conveyed.

On October 5, 1999, Bromley was scheduled to train Mary Jo Christiansen, the store’s new assistant manager for human resources. On that same day, Montgomery had meetings with Stack-Richey and another employee regarding problems with their performance. According to Montgomery, he was directed by his supervisor to have someone from the human resources department sit in on the meeting. While Bromley was training Christiansen that day, Donahue “came in and said T need to see Mary Jo right now. We need her for two write-ups, and you are not to talk to either person after the write-ups.’ ”

After her counseling session, Stack-Richey arrived at Bromley’s office in tears asking to speak with her right away. Stack-Richey complained to Bromley about the way Montgomery handled the session. Soon thereafter, Montgomery “barged in” to Bromley’s office and told Stack-Richey to get back to work. After a heated exchange between Bromley and Montgomery, Bromley alleges that Montgomery told her to leave the premises.

Bromley then called Gruening.

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Bluebook (online)
55 F. App'x 232, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bromley-v-parisian-inc-ca6-2002.