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Building inspector cannot support claim of illegal retaliation

Township Building Inspector Michael O'Leary sued the Charter Township of Flint and his supervisor, arguing that he was disciplined unfairly after criticizing the Township for its management of a liquor license.   After reviewing O'Leary's disciplinary record and the facts of the case, the Court of Appeals agreed with the trial court that no Elliott-Larson Civil Rights Act violation had occurred.

The Court noted that there was no direct evidence of retaliation and that the circumstantial evidence also did not support O'Leary's claim.  It pointed to the fact that O'Leary admitted the accuracy of some criticisms leading to discipline, and that a substantial length of time had elapsed between his protected activity and the alleged retaliation by his employer.
Thompson O’Neil, P.C.
309 East Front Street
Traverse City, Michigan 49684
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