DEPARTMENT OF CIVIL RIGHTS Ex Rel JOHNSON v. SILVER DOLLAR CAFE

469 N.W.2d 42, 188 Mich. App. 147
CourtMichigan Court of Appeals
DecidedApril 1, 1991
DocketDocket 125790
StatusPublished
Cited by6 cases

This text of 469 N.W.2d 42 (DEPARTMENT OF CIVIL RIGHTS Ex Rel JOHNSON v. SILVER DOLLAR CAFE) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
DEPARTMENT OF CIVIL RIGHTS Ex Rel JOHNSON v. SILVER DOLLAR CAFE, 469 N.W.2d 42, 188 Mich. App. 147 (Mich. Ct. App. 1991).

Opinions

Hood, J.

In November 1984, Mary Johnson filed a sexual harassment complaint with the Michigan Department of Civil Rights. Following its investigation, the department issued a charge against defendants, Paul and Margaret Anson, and their restaurant, the Silver Dollar Cafe. A formal hearing on the charge was conducted before a Civil Rights Commission (crc) referee. Following the hearing, the referee issued his findings of fact and [149]*149recommendations. The referee concluded that Johnson had been sexually harassed by defendant Paul Anson during her employment at the cafe and that defendants were liable for her damages. The referee’s recommendations included an order of back pay and an award of $30,000 in compensatory damages.

The crc subsequently issued an order adopting the referee’s recommendations. Defendants appealed to the Hillsdale Circuit Court. The circuit court affirmed the referee’s finding of sexual harassment and the award of back pay. However, the court believed that the referee’s award of compensatory damages was so excessive that it was an obvious disguise for an award of punitive damages. The court reached this conclusion despite the referee’s repeated acknowledgment and emphasis that punitive damages were not permitted and that the award was to compensate Johnson for the extreme humiliation and distress suffered as a result of Paul Anson’s outrageous behavior. Consequently, the circuit court reduced the amount of compensatory damages awarded Johnson from $30,000 to $4,515. Through the Department of Civil Rights, Johnson appeals as of right. We reverse.

The appeal before us challenges only the propriety of the circuit court’s reduction of the damage award in light of its duty as a reviewing court. Since the court’s decision rested primarily on its review of the record and its conclusions regarding the testimony and the referee’s "hidden” intentions, we believe that a brief overview of the underlying facts is appropriate.

Several years before working at the Silver Dollar Cafe, Johnson had developed a close friendship with defendant Margaret Anson. In 1981, Margaret Anson asked Johnson to work as a waitress at her cafe. Johnson was initially reluctant because [150]*150of health problems1 and because of concern about a prior sexual advance made by Paul Anson. Johnson nevertheless accepted Margaret’s offer after Margaret assured her that Paul would not bother her at work.

During her first two months of employment, Johnson had no adverse encounters with Paul Anson. Unfortunately, her hair loss from her disease caused her to become self-conscious about her appearance, and as a result she left her job at the cafe.

In 1983, Johnson was again invited to resume her job at the cafe, and eventually she returned to a part-time waitress position in July. Johnson’s sister-in-law also worked at the cafe, and she and various patrons corroborated Johnson’s accusations of sexual harassment.

Shortly after her return to work, Johnson became the focus of Paul Anson’s repeated offensive sexual remarks and conduct. Paul would usually be in the restaurant only on Friday nights and Saturdays, although he occasionally also arrived at times during the week. While there, Anson would continually make motions and gestures of a sexual nature toward Johnson, such as licking and puckering his lips, grabbing her buttocks, rubbing his body against hers, and "undressing” her with his eyes. He would frequently make reference to the size of her breasts and what he would do with her if she gave him a chance. Anson had propositioned Johnson by offering her money in exchange for various sexual favors, and indicated that she could have "another job” if she complied with his requests. In addition, Anson would make disparaging remarks about Johnson’s invalid husband, and [151]*151boasted that if he "had her” she would doubtless leave her husband.

These repeated comments and gestures often reduced Johnson to tears. Although she asked him numerous times to leave her alone, Paul often found someway to be near her or touch her, even in the presence of his wife, Margaret. Johnson had become so upset over this treatment that at one point she threatened him with a knife to keep him away. Later, several patrons noticed that Johnson was visibly upset and extremely nervous.

Patrons confirmed that whenever Paul Anson was around, Johnson would become distraught and her demeanor would change drastically. Johnson would frequently ask one of the patrons to stay with her as she closed the restaurant because she had observed Anson waiting in his car in the parking lot.

In October 1984, Margaret Anson told Johnson that Paul was concerned that she had been underreporting her tips. Johnson stated that she had been reporting her tips consistent with Margaret’s previous instructions. Before this time no mention had been made regarding her reporting of tips. Nevertheless, at Paul’s instigation, Johnson was fired the next day.

The hearing referee carefully detailed his findings regarding Johnson’s sexual discrimination claims and the witnesses’ credibility. He specifically found Paul Anson’s denials and explanations regarding the allegations to be totally incredible. This finding was supported by references to various statements made by Anson and the referee’s conclusion that they were logically inconsistent. The referee found that the evidence supported Johnson’s claims of a hostile work environment2 [152]*152and of quid pro quo sexual harassment.3 With respect to damages, the referee found that Johnson sustained lost wages as a result of defendants’ unlawful action in the amount of $2,660. The referee also found that the vulgar and intimidating nature of the sexual harassment caused her to suffer mental and emotional distress which were compensable. However, the referee explicitly denied Johnson’s request for exemplary damages. The referee then recommended that Johnson be awarded $30,000 for "humiliation, extreme emotional distress, indignities to her person and character, and great mental anguish suffered as a result of [defendants’] unlawful conduct.”

On appeal, the circuit court found "nothing, with the exception of the testimony of Mrs. Johnson, to substantiate any type of [compensatory] damages.” Consequently, the court believed that the award was, to a large extent, punitive. The court brushed aside the referee’s acknowledgment that he could not award punitive damages, believing that such an award must have been "somewhere in the back of his head.” Ultimately, it awarded Johnson $4,515 in compensatory damages.

On appeal, plaintiff argues that the circuit court employed an incorrect standard of review when it determined that the award of compensatory damages was excessive. In essence, plaintiff contends that the circuit court’s rationale reveals that it substituted its judgment concerning the extent of Johnson’s mental and emotional damages for that of the crc referee. Our review of the record leads us to conclude that plaintiff is correct.

Under § 606(1) of the Civil Rights Act:4_

[153]*153A complainant and a respondent shall have a right of appeal from a final order of the commission, including cease and desist orders and refusals to issue charges, before the circuit court .... An appeal before the circuit court shall be reviewed de novo. [MCL 37.2606(1); MSA 3.548(606)(1).]

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Related

Department of Civil Rights Ex Rel. Johnson v. Silver Dollar Cafe
499 N.W.2d 409 (Michigan Court of Appeals, 1993)
DEPARTMENT OF CIVIL RIGHTS Ex Rel JOHNSON v. SILVER DOLLAR CAFE
490 N.W.2d 337 (Michigan Supreme Court, 1992)

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469 N.W.2d 42, 188 Mich. App. 147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/department-of-civil-rights-ex-rel-johnson-v-silver-dollar-cafe-michctapp-1991.