Corley v. Detroit Board of Education

681 N.W.2d 342, 470 Mich. 274
CourtMichigan Supreme Court
DecidedJune 17, 2004
DocketDocket 119773
StatusPublished
Cited by223 cases

This text of 681 N.W.2d 342 (Corley v. Detroit Board of Education) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Corley v. Detroit Board of Education, 681 N.W.2d 342, 470 Mich. 274 (Mich. 2004).

Opinions

PER CURIAM.

In this sexual harassment action, plaintiff claims to have suffered an adverse employment action as a consequence of a prior romantic relationship with one of the defendants, MCL 37.2103(i) (ii), and a hostile work environment, MCL 37.2103(i) (iii). We conclude that plaintiffs complaint does not allege facts sufficient to show sexual harassment under either theory and, therefore, fails as a matter of law. We reverse the Court of Appeals decision pertaining to plaintiffs sexual harassment claims and reinstate the trial court’s order granting summary disposition for defendants.

I. FACTS AND PROCEDURAL HISTORY

Plaintiff and defendant Joseph Smith were employed by the Detroit Board of Education to work in its adult education program at the Golightly Vocational Center. [276]*276Plaintiff was employed part-time as a counselor,1 and defendant Smith was her supervisor. During the course of their employment, plaintiff and Smith became romantically involved in a relationship that lasted three or four years. The relationship ended when Smith started dating another employee, defendant Barbara Finch. Plaintiff alleges that after Smith and Finch became involved, defendant Smith repeatedly threatened plaintiff with adverse employment action if she said or did anything that interfered with his relationship with Finch.2 Plaintiff also alleges that Finch taunted, embarrassed, and humiliated her by causing plaintiffs work station to be moved and by engaging in “catty” conversations with others that were about plaintiff and intended to be overheard by her. According to plaintiff, the alleged harassment culminated when she was discharged at the conclusion of the 1995-1996 school year.

Plaintiff filed suit, claiming sexual harassment, breach of contract, and intentional infliction of emotional distress. Regarding the sexual harassment claim, plaintiff alleged that she was subjected to two species of harassment prohibited by the Michigan Civil Rights Act: a hostile working environment, MCL 37.2103(i)(iii), and quid pro quo sexual harassment, MCL 37.2103(i)(ii). Pursuant to MCR 2.116(C)(8) and (10), the circuit court granted defendants’ motion for summary disposition, ruling that plaintiff failed to state a claim on which relief could be granted and that there was no genuine issue of material fact.

[277]*277The Court of Appeals affirmed in part and reversed in part.3 The panel reversed the trial court’s order granting summary disposition regarding the sexual harassment claims, reasoning that the alleged persistent and hostile communications could reasonably be considered communications of a sexual nature because defendants “disliked” plaintiffs “continued presence in the workplace as Smith’s former paramour.”4 Furthermore, the Court determined that plaintiff submitted sufficient evidence of quid pro quo sexual harassment because she suffered adverse employment actions as a result of “her ‘submission’ to Smith’s prior” romantic overtures.5 The panel additionally reasoned that the alleged threats, offensive remarks, and adverse working conditions established sufficient evidence of a hostile work environment. Defendants seek leave to appeal to this Court.

II. STANDARD OF REVIEW

This Court reviews de novo the resolution of a summary disposition motion.6

A motion “under MCR 2.116(C)(8) tests the legal sufficiency of the complaint on the basis of the pleadings alone.”7 “The purpose of such a motion is to determine whether the plaintiff has stated a claim upon which relief can be granted. The motion should be granted if no factual development could possibly justify recovery.”8

[278]*278“A motion under MCR 2.116(0(10) tests the factual sufficiency of the complaint.”9 In evaluating such a motion, a court considers the entire record in the light most favorable to the party opposing the motion, including affidavits, pleadings, depositions, admissions, and other evidence submitted by the parties. Where the proffered evidence fails to establish a genuine issue regarding any material fact, the moving party is entitled to judgment as a matter of law.10

III. ANALYSIS

We turn initially to whether plaintiff alleges facts sufficient under MCR 2.116(0(10) to establish a claim of sexual harassment actionable under either a quid pro quo theory or a hostile work environment theory, MCL 37.2103(i)(ii), (iii).

“Sexual harassment” is defined in MCL 37.2103(i) as:

[UJnwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communication of a sexual nature under the following conditions:
(ii) Submission to or rejection of the conduct or communication by an individual is used as a factor in decisions affecting the individual’s employment, public accommodations or public services, education, or housing.
(iii) The conduct or communication has the purpose or effect of substantially interfering with an individual’s employment, public accommodations or public services, education, or housing, or creating an intimidating, hostile, [279]*279or offensive employment, public accommodations, public services, educational, or housing environment.

Thus, as a threshold matter, plaintiff must allege facts showing that she was subjected to “unwelcome sexual advances,” “requests for sexual favors,” or “conduct or communication of a sexual nature” before she can establish actionable sexual harassment under a hostile work environment theory or a quid pro quo theory. MCL 37.2103(i).

Plaintiff does not contend that defendants made either unwelcome sexual advances or requests for sexual favors. We thus turn to the third element of MCL 37.2103(i) to determine if she was subjected to “conduct or communication of a sexual nature.” “Sexual nature” is not defined in the statute. Where a term is not defined in the statute, we will review its ordinary dictionary meaning for guidance.11 “Sexual” is defined, in part, as “of or pertaining to sex” or “occurring between or involving the sexes: sexual relations”12 “Nature” is defined as a “native or inherent characteristic.”13 Utilizing these two commonly understood definitions, we conclude that actionable sexual harassment requires conduct or communication that inherently pertains to sex.14

The conduct and communication alleged by plaintiff do not meet this definition. Plaintiff contends that defendant Smith repeatedly warned plaintiff not to interfere with his relationship with Finch and threat[280]*280ened her with consequences if she did. The Court of Appeals, viewing the evidence in a light most favorable to plaintiff, concluded that the threats could constitute unwelcome sexual communications because they stemmed from Smith’s past intimate relationship with plaintiff. 'We disagree.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Kaveh Esmael v. Siyavoosh Shekoohfar
Michigan Court of Appeals, 2025
Robert L Hindelang v. City of Grosse Pointe
Michigan Court of Appeals, 2023
O Kevin J Rieman v. Kendall W Rieman
Michigan Court of Appeals, 2023
20230209_C359598_37_359598.Opn.Pdf
Michigan Court of Appeals, 2023
Estate of James Jenkins v. Darquoise McCarver
Michigan Court of Appeals, 2023
Charles W Ferrel v. Israelite House of David
Michigan Court of Appeals, 2020
in Re Kevin and Lavonne Vandine Trust
Michigan Court of Appeals, 2019
Joseph Constant v. Leland Prince
Michigan Court of Appeals, 2018
Sarah Sanders v. Allstate Insurance Company
Michigan Court of Appeals, 2017

Cite This Page — Counsel Stack

Bluebook (online)
681 N.W.2d 342, 470 Mich. 274, Counsel Stack Legal Research, https://law.counselstack.com/opinion/corley-v-detroit-board-of-education-mich-2004.