Hamed v. Wayne County

803 N.W.2d 237, 490 Mich. 1
CourtMichigan Supreme Court
DecidedJuly 29, 2011
DocketDocket 139505
StatusPublished
Cited by119 cases

This text of 803 N.W.2d 237 (Hamed v. Wayne County) 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
Hamed v. Wayne County, 803 N.W.2d 237, 490 Mich. 1 (Mich. 2011).

Opinions

MARY Beth Kelly, J.

We granted leave to appeal in this case to determine the scope of an employer’s vicarious liability for quid pro quo sexual harassment affecting public services under Michigan’s Civil Rights Act (CRA).1 Specifically, we consider whether Wayne County and its sheriffs department may be held vicariously liable for a civil rights claim under MCL 37.2103(i) based on a criminal act of a deputy sheriff committed during working hours but plainly beyond the scope of his employment. We hold that defendants may not be held vicariously hable for quid pro quo [6]*6sexual harassment affecting public services under traditional principles of respondeat superior. Accordingly, we reverse the Court of Appeals’ judgment and reinstate the circuit court’s order granting summary disposition in defendants’ favor.

I. FACTS AND PROCEDURAL HISTORY

In August 2001, Livingston County deputy sheriffs arrested plaintiff, Tara Katherine Hamed, on a warrant for unpaid child support. Because plaintiff also had outstanding warrants for probation violations in Wayne County, the Livingston County deputies later transferred plaintiff to the custody of Wayne County. Wayne County deputies transported plaintiff to the Wayne County jail. When plaintiff arrived at the jail, Deputy Reginald Johnson was the only officer on duty in the inmate registry area.2 While alone with plaintiff, Johnson subjected her to sexually charged comments and offers for better treatment in exchange for sexual favors. Plaintiff resisted these advances, but Johnson transferred plaintiff into an area of the jail not subject to surveillance cameras and sexually assaulted her. Shortly thereafter, a female deputy transported plaintiff to another part of the jail. After her release, plaintiff reported the incident to departmental authorities. The Wayne County Sheriffs Department terminated Johnson’s employment, and the state subsequently charged Johnson with criminal sexual conduct, of which he was ultimately convicted.3

[7]*7In 2003, plaintiff filed a complaint against Johnson, Wayne County, the Wayne County Sheriffs Department, and the Wayne County Sheriff, among others, alleging various claims of gross negligence.4 In 2006, plaintiff moved to amend her complaint, adding civil rights claims of quid pro quo and hostile-environment sexual harassment pursuant to MCL 37.2103(i). Defendants then moved for summary disposition under MCR 2.116(C)(8) and (10), arguing that, under the CRA, jails are excluded from liability and, because defendants had no notice of Johnson’s sexually harassing conduct, they could not be vicariously liable for his actions.

The circuit court granted defendants summary disposition in two separate orders and dismissed all of plaintiffs civil rights claims. It concluded that plaintiffs hostile-environment claim failed because defendants had no prior notice that Johnson was a sexual predator. The circuit court also dismissed plaintiffs quid pro quo sexual harassment claim on the basis that defendants are not vicariously liable for the criminal acts of sheriffs department employees.5

Plaintiff then appealed the circuit court’s decision only with regard to her quid pro quo sexual harassment claim. The Court of Appeals reversed and applied this Court’s analysis in Champion v Nation Wide Security, Inc,6 to hold that “[e]mployers are vicariously liable for acts of quid pro quo sexual harassment committed by their employees when those employees use their super[8]*8visory authority to perpetrate the harassment.”7 The Court of Appeals held that plaintiff had established a viable quid pro quo sexual harassment claim because “Johnson used his authority as a sheriffs deputy to exploit plaintiffs vulnerability .. . .”8 We granted leave to consider whether defendants may be held vicariously liable for quid pro quo sexual harassment affecting public services under MCL 37.2103(i).9

II. STANDARD OF REVIEW

We review de novo whether the Court of Appeals erred by reversing the circuit court’s grant of summary disposition.10 Whether defendants may be held vicariously liable for quid pro quo sexual harassment affecting a public service under the CRA is a question of law that we review de novo. 11 To the extent that defendants’ arguments require us to interpret the meaning of the CRA, our review is also de novo.12 When interpreting the meaning of a statute, we discern the Legislature’s intent by examining the language used.13 We read the statutory language in context and as a whole, considering the plain and ordinary meaning of every word.14 If the language is clear and unambiguous, then we apply the statute as written without judicial construction.15

[9]*9III. analysis

A. QUID PRO QUO SEXUAL HARASSMENT UNDER THE CRA

The CRA recognizes that freedom from discrimination because of sex is a civil right.16 Accordingly, the act prohibits discrimination because of sex in employment, places of public accommodation, and public services.17 MCL 37.2103(i) broadly defines “discrimination because of sex” as follows:

Discrimination because of sex includes sexual harassment. Sexual harassment means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communication of a sexual nature under the following conditions:
(i) Submission to the conduct or communication is made a term or condition either explicitly or implicitly to obtain employment, public accommodations or public services, education, or housing.
(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.
(Hi) 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, or offensive employment, public accommodations, public services, educational, or housing environment. [Emphasis added.]

The first two subdivisions of MCL 37.2301(i) describe quid pro quo sexual harassment, while the third subdivision [10]*10refers to hostile-environment sexual harassment.18

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Cite This Page — Counsel Stack

Bluebook (online)
803 N.W.2d 237, 490 Mich. 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hamed-v-wayne-county-mich-2011.