The U.S. Court of Appeals for the Sixth Circuit affirmed summary judgment for the Department of Veterans Affairs in *Dena Leath v. Douglas A. Collins* (6th Cir. 2026), rejecting claims of workplace harassment and discrimination brought by a former VA criminal investigator.
Dena Leath, a Black woman and veteran with more than 20 years of law enforcement experience, joined the VA Police Services as a criminal investigator at the Ann Arbor, Michigan Medical Center in July 2018. The appeals court issued its decision on Jan. 28, marking the conclusion of a dispute that began during Leath's approximately three-year tenure at the facility.
According to the opinion written by Circuit Judge Davis, Leath's time at the VA was marked by persistent workplace tensions. The court noted that "she and a handful of coworkers often disagreed and reported each other's behavior to superior officers." These ongoing conflicts prompted multiple internal investigations during her employment.
The VA conducted three separate factfinding investigations into the workplace environment during Leath's tenure. All three investigations reached similar conclusions, finding "persistent tension and division in Leath's department that fell short of actionable harassment," according to the court's opinion.
After Leath resigned from her position, she filed suit against the VA Secretary, bringingmultiple claims under Title VII of the Civil Rights Act of 1964. Her lawsuit included allegations of hostile work environment, race and gender discrimination, and constructive discharge.
The case was initially heard in the U.S. District Court for the Eastern District of Michigan, where the VA sought summary judgment on all of Leath's claims. The district court granted the VA's motion, finding that Leath had not established viable claims under Title VII. Leath subsequently appealed the decision to the Sixth Circuit.
In its opinion, the three-judge panel consisting of Circuit Judges Davis, Ritz, and Hermandorfer unanimously affirmed the lower court's ruling. The appeals court found that the district court correctly granted summary judgment in favor of the VA on all claims.
The decision highlights the challenges faced by federal employees seeking to prove workplace harassment and discrimination claims. Under Title VII, plaintiffs must meet specific legal standards to establish hostile work environment claims, including showing that the conduct was severe or pervasive enough to create an abusive working environment.
For constructive discharge claims, employees must demonstrate that working conditions were so intolerable that a reasonable person would have felt compelled to resign. The court's finding that the internal investigations revealed tension that "fell short of actionable harassment" suggests that Leath's situation did not meet these legal thresholds.
The case also illustrates the complex dynamics that can develop in federal workplaces, particularly in law enforcement settings where employees may have different approaches to their duties and responsibilities. The fact that multiple employees were "reporting each other's behavior to superior officers" indicates a workplace environment where professional disagreements had escalated to formal complaints.
Leath's background as a veteran with extensive law enforcement experience adds another dimension to the case. Federal agencies, including the VA, have made efforts to recruit and retain veterans in their workforce, particularly in law enforcement and security positions where military experience is valued.
The Sixth Circuit's decision is marked "NOT RECOMMENDED FOR PUBLICATION," indicating that while it resolves the specific dispute between Leath and the VA, it is not intended to establish binding precedent for future cases. Such designations are common for appeals court decisions that apply established legal principles to specific factual situations without breaking new legal ground.
For federal employees considering similar claims, the decision underscores the importance of documenting workplace issues and the challenges of proving discrimination and harassment claims in federal court. The fact that three separate internal investigations were conducted suggests that the VA took workplace concerns seriously, even though the investigations did not substantiate claims of actionable harassment.
The case also reflects ongoing challenges within the VA system, which has faced scrutiny over workplace culture and employee relations in various contexts. The department employs thousands of law enforcement and security personnel across its medical facilities nationwide.
Leath's appeal was timely filed, and the case proceeded through the normal appellate process. The affirmation of summary judgment means that the case concluded without a trial on the merits, with the court finding that no reasonable jury could have found in Leath's favor based on the evidence presented.
The decision represents a complete victory for the VA, which successfully defended against all of Leath's Title VII claims. The case file number 25-1408 indicates it was among the appeals handled by the Sixth Circuit during its 2025-2026 term.