Lawsuit: UM didn't properly handle UM Dearborn employee's discrimination complaint

A former employee of the University of Michigan Dearborn is suing the university, alleging officials failed to properly handle his complaints of discrimination based on his cancer diagnosis and sexuality.

Kevin McAlpine, 57, of Warren, was employed as the assistant vice chancellor of institutional advancement until he was fired in July 2022. McAlpine is gay and has cancer. He alleges he was discriminated against for his sexuality and for taking Family and Medical Leave Act time off from work.

UM spokesperson Kim Broekhuizen declined to comment due to the pending litigation.

In his lawsuit, filed April 10 in federal court, McAlpine alleges that he didn't have issues at work until Casandra Ulbrich, the vice chancellor for institutional advancement, started working at UM Dearborn in May 2019.

Ulbrich, who was a member of the Michigan State Board of Education from 2007–23, allegedly mocked and ridiculed McAlpine and would call him "lady" during team meetings when he was the only male on the team, according to the lawsuit. He objected to this and his co-workers laughed, said nothing or denied it, according to the lawsuit.

Ulbrich did not respond to a request for comment.

When McAlpine was diagnosed with cancer in December 2019, he took medical leave, and Ulbrich allegedly sent him an outline of his primary responsibilities just before he took a second medical leave, which put undue stress on him, according to the lawsuit, which says Ulbrich also told him needing to take time off for an MRI every three months interfered with his ability to meet her expectations.

McAlpine and his husband adopted a child in 2020 and requested family leave, which was approved by human resources in April 2021. But when he informed Ulbrich of the leave, she allegedly questioned his parental status and the validity of his adoption and denied his leave request. Two co-workers had recently requested parental leave and received it, according to the complaint.

McAlpine asked to take three separate two-week leaves, but Ulbrich only let him take two separate three-week leaves, according to the lawsuit. While he was off, she assigned him additional work, which he completed.

He reported her alleged harassment to HR, which suggested he talk to Ulbrich about the issues directly, as well as talking to the Title IX and civil rights director. He did so, but it was not helpful, according to the lawsuit.

After he took his first chunk of parental leave, Ulbrich allegedly downgraded some of his job responsibilities, which removed McAlpine from important UM Office of University Development communications related to fundraising and opportunities for more prospects, according to the lawsuit.

She also gave him a lower evaluation rating than he thought he deserved, as he had surpassed his performance goals despite taking medical and parental leave and undergoing cancer treatment, according to the lawsuit, which says he secured an $8 million gift, one of the largest in UM Dearborn's history.

Four months later, he was put on a performance improvement plan and had to create a strategic vision for major gifts at the university. He did six vision plans, all of which Ulbrich said failed to meet her expectations, according to the lawsuit.

McAlpine filed a grievance with UM in May 2022, alleging discriminatory treatment and a hostile work environment. Two months later, he was "relieved of his duties" because he had failed to meet Ulbrich's expectations. He was later fired on July 29, according to the lawsuit.

"Upon information and belief, U-M failed to take any remedial action in response to McAlpine’s grievance while McAlpine was still employed," the lawsuit states. "There is a causal connection between Plaintiff’s medical leave and adoption/FMLA leaves and his termination on July 29, 2022."

The lawsuit alleges Ulbrich both interfered with McAlpine's right to take family and medical leave and retaliated against him for using FMLA leave.

McAlpine did not request a specific amount of damages, but the lawsuit indicates he is seeking back pay, compensatory damages and any other relief the court finds reasonable.

kberg@detroitnews.com