Employment Discrimination Race Retaliation.

Byline: Michigan Lawyers Weekly Staff

Where a defendant employer was granted summary disposition on a plaintiff's claims of race discrimination and retaliation, that judgment should be affirmed because of the plaintiff's failure to present (1) direct or indirect evidence of discrimination or (2) a causal connection between her reports of discrimination and any adverse employment action.

"Plaintiff first argues that the trial court erroneously granted summary disposition to defendant on her race-discrimination claim.

"Initially, plaintiff has abandoned this issue by failing to provide adequate briefing in many respects.

"In any event, the trial court correctly granted summary disposition to defendant on plaintiff's claim of race discrimination under the Elliott-Larsen Civil Rights Act, MCL 37.2101 et seq.

"Although plaintiff perfunctorily asserts that she has presented direct evidence of discrimination, she identifies no direct evidence to support that assertion.

"Because plaintiff has not produced direct evidence of discrimination, her claim can survive only if she demonstrates a genuine issue of material fact under the framework for presenting indirect evidence of discrimination. Plaintiff has failed to do so.

"Plaintiff has failed to identify any similarly situated employee outside the protected class who was treated differently.

"Furthermore, defendant has articulated a legitimate, nondiscriminatory reason for its discharge of plaintiff. She exhibited numerous attendance and performance deficiencies.

"Finally, plaintiff has failed to present evidence that defendant's articulated nondiscriminatory reasons for discharging plaintiff constituted a pretext for unlawful discrimination. Plaintiff offers no argument that defendant's proffered reasons for discharging her were a pretext for discrimination other than to make a cursory assertion that she had no performance issues. But there was extensive evidence of plaintiff's attendance and performance deficiencies that defendant tried to help plaintiff improve. Plaintiff's mere disagreement with defendant's judgment regarding her performance fails to establish that defendant's proffered reasons are pretextual.

"In...