Appelate Court upholds dismissal of discrimination claim; overturns dismissal of retaliation claim

Mark Laster sued the City of Kalamazoo, his employer, arguing that he was constructively discharged as a result of racial discrimination and retaliation.  A black public safety officer, Laster argued that his supervisor unfairly evaluated him, creating an untenable employment relationship, and then retaliated against Laster when he attributed the unfair workiing condition to racism.  The trial judge granted his employer summary disposition and he appealed.

The Federal Court of Appeals  held that Laster's proof of discimination was not adequate to go to trial, but that he had demonstrated a possible claim for illegal retaliation.  The Court returned the case to the lower court for further action on the retaliaion claim only.