Oneka Spicer v. Harvard Maintenance, Inc.
── Oneka Spicer v. Harvard Maintenance, Inc. ──
Court: Court of Appeals for the Sixth Circuit
Date: May 01, 2026
Category: General
NOT RECOMMENDED FOR PUBLICATION
File Name: 26a0197n.06
Case No. 25-1667
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
FILED
May 01, 2026
) KELLY L. STEPHENS, Clerk
ONEKA SPICER,
)
Plaintiff-Appellant, )
) ON APPEAL FROM THE
v. ) UNITED STATES DISTRICT
) COURT FOR THE EASTERN
HARVARD MAINTENANCE, ) DISTRICT OF MICHIGAN
INCORPORATED,
)
Defendant-Appellee. ) OPINION
)
Before: READLER, DAVIS, and BLOOMEKATZ, Circuit Judges.
DAVIS, Circuit Judge. Oneka Spicer appeals the district court’s grant of summary
judgment to her former employer, Harvard Maintenance, Inc., on her race discrimination, sex
discrimination, and hostile-work-environment claims brought under Michigan law. She also
appeals the court’s denial of her motion to reconsider its summary judgment order. Because Spicer
has failed to establish a genuine issue of material fact as to any of her claims, we AFFIRM.
I.
A. Factual Background
Oneka Spicer worked as a cleaner for Harvard Maintenance, Inc. (“Harvard”), a janitorial
service company, at a multi-building complex in Michigan between 2017 and 2018.
Spicer, who is a woman of African American descent, worked in two buildings during her
tenure at Harvard. Initially, she reported to site supervisor Melissa Irving. When a position
No. 25-1667, Spicer v. Harvard Maintenance, Inc.
became available at a different building about six months later, Spicer transferred there. The
second building was managed by site supervisor Chris Copeland, who is African American.
According to Spicer, she asked Irving for the transfer because a tenant in the first building cursed
at her and called her a racial slur. According to Harvard, the transfer was voluntary.
Contemporaneous documents do not reflect the reason for the transfer.
During Spicer’s time at Harvard, several commercial tenants in both buildings complained
about her work. And Harvard issued multiple warnings advising her of these complaints. For
instance, in October 2017, Spicer received a written reprimand explaining her “substandard”
cleaning work. (Disciplinary Form, R. 59-5, PageID 1700). In July 2018, after Spicer transferred
buildings, Harvard put her on a “strict cleaning schedule” designed to ensure that she thoroughly
cleaned each area to which she was assigned and to “giv[e] [her] [a] chance[] to complete the job
duties” correctly. (Id. at PageID 1701; Graham-Coltrane Dep., R. 59-1, PageID 1610). The
following month, Spicer received another written reprimand for not following the cleaning
schedule. When asked about these complaints during her deposition, Spicer did not recall
receiving any complaints about the quality of her work and claimed to have never seen the written
reprimands.
Spicer received a final reprimand in October 2018 after Copeland saw her sitting in a
client’s chair and charging her phone during a non-break period in her shift. He summoned Spicer
to his office. Spicer says that she immediately went to Copeland’s office; Harvard, however,
maintains that Spicer disobeyed Copeland’s directiv
{# E23 (Nick, ruling section 1 answer 10): quoting a bill or a court opinion works
the way quoting a news article works. Select a passage above and the same panel
opens: the passage goes to the official you choose, with this document's own
address as its source and its own type. #}