Takeaway: Employees' generalized complaints about racial unfairness in the workplace do not qualify as protected activity sufficient to support a retaliation claim. In this case, two police officers complained that workplace comments suggested unequal treatment based on race but did not complain about specific instances of racial discrimination.

The 6th U.S. Circuit Court of Appeals affirmed a summary judgment decision dismissing the retaliation claims of two Michigan State Police (MSP) officers. The officers complained about negativity toward white men in the workplace shortly before they were disciplined for their handling of a subordinate's promotion application.

The plaintiffs served as police officers for the MSP for over 30 years. One plaintiff was the captain of the seventh district in northern Michigan, and the other reported to him as an inspector. The plaintiffs had been close friends since attending the academy together in 1990.

In August 2019, one of the plaintiffs complained about a Black colleague's comedy routine that featured racial jokes during an open-mic segment of a retirement party. The colleague served in the office of equity and inclusion, and the complaint was investigated by the MSP. The MSP recommended that the colleague be suspended for two days, but the district's lieutenant colonel waived the discipline.

The plaintiffs also attended a fall forum meeting during which the MSP director stated that diversity was the No. 1 priority of the...

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