An Air Tran employee in Dayton convinced the Sixth Circuit to reverse summary judgment for his employer in a Title VII retaliation claim. The employee had complained to his station manager that his immediate supervisor was racially biased. The employee, in the supervisor's mind, was a poor performer and caused problems. In a meeting where the employee was suspended for misconduct, the station manager told him (allegedly) "I'm tired of your complaints" against the supervisor. While there were other reasons the court reversed summary judgment, the station manager's alleged statement was a major factor.
Perhaps the station manager did not mean to include the racial complaints in the set of complaints she was "tired" of receiving but the lesson is that employers should always be careful not to make comments that could be taken as criticizing protected activity. That includes being careful not to make broad and ambiguous comments of the type allegedly made here.
The name and link to the unpublished decision is Hill v. Air Tran Airways (6th Cir. 3/23/2011).
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