Foley Mansfield Employment Law Team Secures Summary Judgment for Construction Client

Foley Mansfield is pleased to share a major litigation victory for our client, a construction contractor, in an employment law matter.

On August 5, the U.S. District Court for the District of Minnesota granted Foley Mansfield’s motion for summary judgment on behalf of its client, dismissing all claims with prejudice in a federal employment discrimination and retaliation case brought under Title VII and Michigan’s Elliott-Larsen Civil Rights Act.

The plaintiff, a former employee of Foley Mansfield’s client, alleged that she was subject to sex-based discrimination and retaliation while on different construction sites. However, the Court found that she failed to present any evidence – either direct or circumstantial – linking the client’s decisions to any form of unlawful or discriminatory animus. The court found that plaintiff’s internal complaints were focused on her job duties and supervision, and did not constitute protected activity raising sex or gender discrimination issues. Even though the Plaintiff later claimed discrimination, neither her sex nor gender were mentioned in the client’s internal communications about the plaintiff’s employment.

The fact that a plaintiff may have subjectively believed that she was subject to discrimination is insufficient to establish discriminatory animus. See Hein v. All America Plywood Co., Inc., 232 F.3d 482, 488 (6th Cir. 2000) (“[D]irect evidence [of discrimination] cannot be based on rumors, conclusory allegations, or subjective beliefs.”); Montes v. Greater Twin Cities Youth Symphonies, No. 05-cv-866, 2006 WL 3386560, at *5 (D. Minn. Nov. 22, 2006) (“As a matter of law . . . a Title VII plaintiff’s subjective beliefs concerning allegedly discriminatory remarks cannot be considered direct evidence of discrimination.”).

The plaintiff’s allegations failed as a matter of law. Therefore, the Court held that there was no genuine issue of material fact and concluded that the client was entitled to judgment as a matter of law.

Congratulations to our employment litigation team, and Partner Lisa Lamm Bachman and Attorney Jake Peden who represented Foley Mansfield’s construction contractor client.