Sixth Circuit Reaffirms Temporal Proximity Rule In Discrimination Cases

The U.S. Court of Appeals for the Sixth Circuit recently reaffirmed that temporal proximity, the closeness in time between an employee’s protected activity and an adverse employment action, is not, by itself, enough to prove unlawful discrimination or retaliation. Two recent cases highlight how timing must be supported by other evidence of pretext or retaliatory motive.

1. Welch v. Heart Truss & Engineering Corp.

Welch, a delivery driver for Heart Truss, was reassigned to a lower-paying production line position after complaining that a prior, untreated knee injury made driving difficult. Shortly before the reassignment, he had also filed a workers’ compensation claim for an ankle injury.

After returning to work, Heart received customer complaints about graffiti, including explicit drawings, on delivered trusses. A supervisor reported that Welch admitted responsibility, and Heart decided to terminate him. Before the termination was carried out, Welch reported a new right-knee injury.

Welch sued, claiming wrongful demotion and termination under the ADA and Michigan’s equivalent law. The district court granted summary judgment for Heart, and the Sixth Circuit affirmed.

Applying the McDonnell Douglas burden-shifting framework, the court found that Welch established a prima facie case and Heart provided a legitimate, non-discriminatory reason for termination. The key issue was whether that reason was pretextual.

One reason Welch gave for his claim of pretext was the close timing between his injury reports and his termination. The Sixth Circuit disagreed:

• Heart had long known about Welch’s prior knee injury, so no temporal proximity existed there.
• The decision to terminate was made before Heart learned of Welch’s new injury or medical request, defeating any inference of retaliatory timing.
• The court cited Clark County School District v. Breeden, 532 U.S. 268 (2001), noting that an employer “need not suspend” an adverse decision already in motion merely because an employee later engages in protected activity.

Finally, the court rejected Welch’s argument that proximity to his earlier ankle injury and transfer supported pretext, reiterating that temporal proximity alone, without additional evidence of causation, cannot establish pretext.

2. Kovacs v. University of Toledo

Kovacs, the University’s Human Resources Director, objected to a promotion she believed violated federal equal employment laws. She was later demoted to Senior HR Consultant (with no pay cut) for “ineffective leadership” and subsequently terminated for performance deficiencies.

Kovacs claimed she was fired in retaliation for objecting to the promotion and sued under Title VII. The district court granted summary judgment for the University, which the Sixth Circuit affirmed.

The Court held that a four-month gap between Kovacs’ objection and termination was not sufficient by itself to establish causation. Even a 75-day gap, the court noted, typically requires other supporting evidence to show a retaliatory motive.

Kovacs also relied on an OCRC (Ohio Civil Rights Commission) probable cause finding, arguing it supported her retaliation claim. The Sixth Circuit disagreed, explaining that:

• The OCRC finding addressed discrimination, not retaliation, which are analyzed under separate legal frameworks.
• The report contained no factual material creating a genuine issue of fact regarding retaliatory intent.

Accordingly, the University’s termination decision was upheld.

Key Takeaways for Employers

1. Temporal proximity alone rarely proves retaliation or discrimination.
   • • Even a short gap between protected activity and termination is insufficient without additional evidence of retaliatory motive.
2. Document decision-making timelines carefully.
   • • Employers should contemporaneously record the timing and reasons for disciplinary or termination decisions. As in Welch, evidence that a decision preceded a protected activity can defeat causation claims.
3. Consistent and well-documented performance issues remain the best defense.
   • • Detailed records showing legitimate performance or conduct reasons for discipline bolster credibility and reduce risk of pretext findings.
4. OCRC or EEOC findings are not automatically determinative.
   • • Courts may disregard agency findings if they lack detailed factual support or address a different legal theory (e.g., discrimination vs. retaliation).
5. Prompt investigation and action remain key.
   • • Employers are not required to delay or reconsider legitimate disciplinary decisions simply because an employee later engages in protected activity.

Bottom Line

The Sixth Circuit continues to apply a narrow view of temporal proximity in favor of employers. Employers who document decisions, act consistently, and support disciplinary actions with legitimate evidence are best positioned to defend against discrimination and retaliation claims.

Contact

To discuss further, contact KJK Labor & Employment attorneys Maribeth Meluch (MM@kjk.com) and Alan Rauss (AMR@kjk.com).