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Anderson v. Ford Motor Co.8/9/2005
UNPUBLISHED
Before: Whitbeck, C.J., and Sawyer and Fitzgerald, JJ.
Plaintiff Madison Anderson appeals as of right from the trial court's orders granting summary disposition for defendant Ford Motor Company in this employment discrimination case. We affirm. We decide this appeal without oral argument pursuant to MCR 7.214(E).
I. Basic Facts And Procedural History
Anderson has worked for Ford for over fifty years, and has been in his current position of industrial wastewater operator since 1979. Anderson, who is black, filed suit alleging a hostile work environment and disparate treatment due to racial discrimination. Anderson's complaint included multiple incidents of conduct by fellow employees including having garbage placed in his chair; being told, in profane terms, to shut his mouth; being stared down in a menacing way for over forty-five minutes; and having his chair locked in an office when others' chairs were available for use.
Anderson also stated that he received a reprimand and warning for being reported away from his job, but according to Anderson, the person who allegedly observed his absence was never identified. Anderson received a three-day suspension without pay that was reportedly due to untreated wastewater mixing with treated wastewater and being released, but Anderson stated that such event did not occur; rather, there was a malfunction with the computer readouts. Finally, Anderson claimed that he was not given instruction for one year on how to use a new computer survey system to request and receive overtime.
The trial court dismissed both counts of Anderson's complaint after two separate motions for summary disposition under MCR 2.116(C)(8) and (C)(10).
II. Summary Disposition
A. Standard Of Review
We review de novo the trial court's ruling on a motion for summary disposition.
B. Legal Standards
Summary disposition under MCR 2.116(C)(8) tests the legal sufficiency of a claim and permits summary disposition to be granted when the allegations pleaded fail to state a legal claim. The reviewing court assumes "that all factual allegations in the nonmoving party's pleadings are true and determine if there is a legally sufficient basis for the claim."
Summary disposition under MCR 2.116(C)(10) tests the factual basis underlying a claim. Summary disposition is proper when there is no genuine issue as to any material fact. "A genuine issue of material fact exists when the record, giving the benefit of reasonable doubt to the opposing party, leaves open an issue upon which reasonable minds might differ." When a motion under (C)(10) is made and supported, " n adverse party may not rest upon the mere allegations or denials of his or her pleading, but must, by affidavits or as otherwise provided in this rule, set forth specific facts showing that there is a genuine issue for trial."
C. Hostile Work Environment
To establish a prima facie case of discrimination based on a hostile work environment, a plaintiff must show that: (1) the employee belonged to a protected group; (2) the employee was subjected to communication or conduct on the basis of that protected status; (3) the employee was subjected to unwelcome conduct or communication involving that protected status; (4) the unwelcome conduct was intended to or did in fact substantially interfere with the employee's employment or created an intimidating, hostile, or offensive work environment; and (5) respondeat superior. With respect to the second element, the plaintiff must show that but for the fact of his protected class, he would not have been the object of
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