Sixth Circuit Affirms and Reverses Lower Court Ruling on Title VII Claim in Laster v. City of Kalamazoo
Recently, the Sixth Circuit Court of Appeals affirmed a federal district court's ruling dismissing an Ohio safety officer's claims that he was forced to resign from the Kalamazoo Department of Public Safety in 2010 due to racial discrimination.
In Laster v. City of Kalamazoo, Mark Laster, an African American man, had worked for the Kalamazoo Department of Public Safety for more than 23 years. During his employment, he claimed that he was treated less favorably than other employees in similar situations. For example, Laster believed that he was subjected to greater scrutiny, that policies were selectively enforced against him, and that his employer stood back and permitted individual employees to discriminate against or harass Laster. Laster believed that at least part of his treatment was due to his race. After reporting many instances of harassment to his employers, he eventually filed a claim with the Equal Employment Opportunity Commission, then Title VII discrimination and retaliation claims against his former employer.
The district court found in favor of the City of Kalamazoo and Laster appealed. The Sixth Circuit applied strict scrutiny to the circumstances of his case, which is required for racial discrimination cases involving government bodies. For a government body to pass strict scrutiny, it must be shown that it had a compelling government interest, that the law or policy was narrowly tailored to achieve that interest, and that the law or policy was the least restrictive means for achieving that interest. Strict scrutiny is used for race, national origin, or alienage situations, compared to intermediate scrutiny for gender and rational basis (the lowest scrutiny) for nearly everything else.