United States District Court, E.D. Michigan, Southern Division
ORDER DENYING DEFENDANTS' MOTION FOR SUMMARY
JUDGMENT (DOC. 17)
COHN UNITED STATES DISTRICT JUDGE
an employment case. Plaintiff Jason Miller (Miller) is suing
Defendants City of Detroit Water and Sewerage Department
(DWSD), his former employer, and Great Lakes Water Authority,
which now operates many of DWSD's water treatment plants.
Miller claims that DWSD unlawfully discriminated against him
and terminated him in violation of the Family and Medical
Leave Act of 1993, 29 U.S.C § 2601 et seq.
(FMLA) and the Michigan Persons With Disabilities Civil
Rights Act, M.C.L. § 37.1101 et seq. (PWDCRA).
Miller's complaint is in four counts:
I. FMLA Interference
II. FMLA Retaliation
III. PWDCRA Discrimination
IV. PWDCRA Retaliation
(Doc. 1). Miller requests compensatory damages, liquidated
damages, non-economic damages, reinstatement, interest,
costs, and attorney's fees.
before the Court is DWSD's motion for summary judgment
(Doc. 17). Miller has responded (Doc. 29) and DWSD has
replied. (Doc. 24). The parties have also submitted a joint
statement of material facts. (Doc. 26). The Court declines to
exercise supplemental jurisdiction over Miller's PWDCRA
claims because they present a “complex issue of State
law, ” 28 U.S.C. § 1367, and thus will only
adjudicate summary judgment as to the FMLA claims. For the
reasons that follow, DWSD's motion is DENIED.
started working as a DWSD Sewage Plant Attendant in 2001. At
the times relevant to this case, he was supervised by Melvin
Murphy (Murphy), Earl Hurling (Hurling), and Majid Khan
(Khan). David McNeeley (McNeeley) was Khan's supervisor.
April 13, 15, and 21, 2015, Miller called DWSD to report that
he would be absent and would request FMLA time to cover the
absences. (Doc. 28-7). However, since Miller's FMLA leave
expired on June 30, 2014, he had no more FMLA time to cover
his absences. (Doc. 28-15). Because Miller had no FMLA time
available, he was marked as AWOL for the three April absences
and suspended for five days starting April 27, 2015. (Doc.
28-18). On April 27, 2015, Hurling gave Miller a Corrective
Disciplinary Action Form memorializing the AWOL. (Doc. 28-7).
admits he had no FMLA time available to cover the April
absences, but contends that DWSD did not make him aware of
that fact until he received the discipline form in late
April. (Doc. 28-7). Miller said that he was usually notified
when his FMLA expired, and that this time he only found out
when he attempted to request FMLA and it was denied. (Miller
Dep. 81). A statement signed by ...