DEPARTMENT OF CIVIL RIGHTS Ex Rel JONES v. DEPARTMENT OF CIVIL SERVICE

301 N.W.2d 12, 101 Mich. App. 295
CourtMichigan Court of Appeals
DecidedNovember 4, 1980
DocketDocket 44973
StatusPublished
Cited by20 cases

This text of 301 N.W.2d 12 (DEPARTMENT OF CIVIL RIGHTS Ex Rel JONES v. DEPARTMENT OF CIVIL SERVICE) 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 JONES v. DEPARTMENT OF CIVIL SERVICE, 301 N.W.2d 12, 101 Mich. App. 295 (Mich. Ct. App. 1980).

Opinions

Beasley, J.

The Department of Civil Rights appeals as of right from an April 16, 1979, circuit court order upholding the Michigan Department of Civil Service’s exclusion of pregnancy related disabilities from coverage under its long-term disability insurance plan, thereby reversing a January 25, 1977, order of the Michigan Civil Rights Commission.

From 1973 or 1974 until October, 1978, the Michigan Department of Civil Service made available to all classified and certain categories of unclassified state employees a long-term disability (LTD) insurance plan which expressly excluded from coverage disabilities related to pregnancy, childbirth, miscarriage or abortion. The LTD plan was designed to cover disability "solely because of disease or accidental bodily injury”. Examples of compensable disabilities under the plan include disabilities incurred while skiing or driving while intoxicated, and hypertension and diabetes, unless associated with pregnancy. No disability to which males alone are subject was expressly excluded from the plan. In October, 1978, the LTD plan was changed to allow benefits for pregnancy related disabilities.

[298]*298The instant appeal involves the claim of three women who were denied LTD benefits under the former plan because their disabilities were pregnancy related. In each case, Jones, Butler and Peake filed complaints with the Michigan Department of Civil Rights, alleging that they had been discriminated against on the basis of sex by civil service’s denial of disability benefits for pregnancy.

After taking testimony and hearing arguments, the Michigan Civil Rights Commission (CRC), by order dated January 25, 1977, determined that civil service was in violation of the Fair Employment Practices Act (FEPA),1 repealed and replaced by the Civil Rights Act,2 as a result of its denial of pregnancy related disability benefits and found that the conduct of civil service was part of a pattern and practice of unlawful discrimination on the basis of sex. CRC ordered payment of disability benefits to Jones, Butler and Peake for the periods in question, and further ordered civil service to cease and desist from unlawful discrimination on the basis of sex with regard to pregnancy disability benefits.

Civil service filed a claim of appeal for de novo review in circuit court on February 15, 1977, alleging as erroneous, inter alia, the finding of jurisdiction made by civil rights, civil rights’ conclusion that the FEPA applied to classified state' employees, and its finding that the exclusion of pregnancy disability from LTD coverage constituted unlawful sex discrimination.

On March 28, 1979, Judge Warren issued an opinion reversing the CRC’s order, based on two United States Supreme Court cases, Geduldig v Aiello3 and General Electric Co v Gilbert.4

[299]*299On appeal, the Department of Civil Rights raises four issues. Initially, it argues that the CRC has jurisdiction to hear sex discrimination claims brought by state employees classified under the civil service. We note that, although this issue was not decided in the court below, its determination is necessary to this case and, therefore, we will address it.

The CRC was created by art 5, § 29 of the Michigan Constitution of 1963, which provides in part as follows:

"It shall be the duty of the commission in a manner which may be prescribed by law to investigate alleged discrimination against any person because of religion, race, color or national origin in the enjoyment of the civil rights guaranteed by law and by this constitution, and to secure the equal protection of such civil rights without such discrimination.”

Although this provision does not mention sex as one of the bases of discrimination protected against, the CRC, by virtue of the FEPA, and its successor, the Civil Rights Act (CRA), does have jurisdiction to entertain age and sex discrimination complaints.5

The crux of civil service’s argument is that the CRC cannot exercise its jurisdiction over civil service since the SCS has plenary jurisdiction. In support of its position, civil service cites art 11, § 5 of the Michigan Constitution of 1963, which establishes a Michigan Civil Service and a commission with the power to:

"* * * classify all positions in the classified service [300]*300according to their respective duties and responsibilities, fix rates of compensation for all classes of positions, approve or disapprove disbursements for all personal services, determine by competitive examination and performance exclusively on the basis of merit, efficiency and fitness the qualifications of all candidates for positions in the classified service, make rules and regulations covering all personnel transactions, and regulate all conditions of employment in the classified service.”

Civil service argues that it was empowered by the constitution to regulate all conditions of employment. Moreover, art 4, §48 of the Michigan Constitution of 1963 provides that the Legislature is empowered to "enact laws providing for the resolution of disputes concerning public employees, except those in the state classified civil service”. Civil service reasons that these provisions clearly indicate that the CRC can have no jurisdiction over civil service. We do not agree.

Initially, we note that the civil service’s powers are not without limit. Council No 11, AFSCME v Civil Service Comm,6 is a case on point. In that case, the rule of the civil service commission which banned political activity by classified employees was challenged. There, plaintiff argued that this rule was invalid in light of the "political freedom act”.7 The position of defendant civil service was that the Legislature was without power to legislate in any area within the sphere of authority of the commission and that art 11, § 5 grants the commission exclusive jurisdiction to prohibit any political activities by civil servants since the commission can regulate all conditions of employment.

[301]*301The court in Council No 11 found that although the powers of the civil service are extensive, it was beyond its power to restrict an employee’s political activity when that activity is not engaged in during working hours and does not actually affect his job performance.

Accordingly, although the commission was granted the authority to regulate all conditions of employment within the classified service, this power is not without limit. After deliberation, we conclude that the CRC has jursidiction over civil service employees in the area of job discrimination involved in this case.

An elementary precept of constitutional construction is that its primary objective is to ascertain and to give effect to the intent of the people adopting it.8

The establishment of the CRC expressed the intent of the people of Michigan to end invidious forms of discrimination through the efforts of a single commission. If civil service had exclusive jurisdiction over all employment concerns, the result would be to weaken the authority of the CRC to carry out its constitutional mandate to end discrimination.

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DEPARTMENT OF CIVIL RIGHTS Ex Rel JONES v. DEPARTMENT OF CIVIL SERVICE
301 N.W.2d 12 (Michigan Court of Appeals, 1980)

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Bluebook (online)
301 N.W.2d 12, 101 Mich. App. 295, Counsel Stack Legal Research, https://law.counselstack.com/opinion/department-of-civil-rights-ex-rel-jones-v-department-of-civil-service-michctapp-1980.