Racial discrimination; Elliott-Larsen Civil Rights Act; Prima facie case of hostile work environment; Major v Village of Newberry; Retaliation; MCL 37.2701

The court concluded that the trial court did not err when it granted defendant summary disposition of plaintiff’s racial harassment and retaliation claims. He “was suspended from his employment with defendant after allegedly hitting his supervisor” in the face. Plaintiff argued that he successfully created a genuine issue of material fact as to “whether he was racially discriminated against while in defendant’s employment, and” that the trial court failed to consider his “allegations collectively.” The court held that “plaintiff failed to create a genuine issue of material fact concerning whether he was subjected to a racially hostile work environment, and the trial court properly considered the totality of the circumstances in reaching its conclusion.” It determined that although there was “no dispute that plaintiff is part of a protected racial class because he is African-American, the lower court record does not otherwise demonstrate that plaintiff could establish a genuine issue of fact on the remaining four elements” of a hostile work environment claim. He also failed to create a material issue of fact as to “the first prong of his retaliation claim because he provided no evidence demonstrating that he engaged in a protected activity by filing complaints about racial discrimination with defendant.” Affirmed.