Corley v. Detroit Board of Education
Corley v. Detroit Board of Education
Opinion of the Court
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.
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.
II. STANDARD OF REVIEW
This Court reviews de novo the resolution of a summary disposition motion.
A motion “under MCR 2.116(C)(8) tests the legal sufficiency of the complaint on the basis of the pleadings alone.”
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 or 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.
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
After their intimate relationship ended, their working relationship became difficult, but defendant Smith’s alleged threats that he would fire plaintiff if she interfered with his new relationship were not inherently sexual in nature. Verbal or physical conduct or communication that is not sexual in nature is not sexual harassment.
Regarding defendant Finch, plaintiff alleges that Finch contributed to a hostile work environment by engaging in “catty” conversations about plaintiff and by causing plaintiffs work station to be relocated. As discussed above, plaintiff must establish that the asserted conduct or communication were of a sexual nature. That is, that Finch’s conduct or communication inherently pertained to sex. Here, the asserted communication by Finch conveyed nothing more than Finch’s personal animosity towards plaintiff. MCL 37.2103(i) does not forbid the communication of enmity between romantic rivals, even if the predicate for the dislike is sexual competition, as long as the conduct or communication is not inherently sexual. In summary, what may have been sexual in this case did not involve harassment, while what did involve harassment was not sexual. It cannot be said by any understanding of
IV CONCLUSION
Plaintiffs claim fails as a matter of law because she has not established evidence of conduct or communication of a “sexual nature” as required to support a claim of sexual harassment. Therefore, we reverse the decision of the Court of Appeals with respect to plaintiffs sexual harassment claims and reinstate the circuit court’s order granting summary disposition for defendants under MCR 2.116(0(10).
Plaintiff simultaneously held full-time employment with the Detroit Board of Education. The facts relevant to this case involve only plaintiffs part-time employment at Golightly.
Defendants Smith and Finch have since married.
The Court of Appeals affirmed summary disposition regarding breach of contract and intentional infliction of emotional distress. 246 Mich App 15, 25-26; 632 NW2d 147 (2001). Plaintiff did not appeal those rulings.
Stanton v Battle Creek, 466 Mich 611, 614; 647 NW2d 508 (2002).
Mack v Detroit, 467 Mich 186, 193; 649 NW2d 47 (2002).
Beaudrie v Henderson, 465 Mich 124, 129-130; 631 NW2d 308 (2001).
Maiden v Rozwood, 461 Mich 109, 119; 597 NW2d 817 (1999).
Cox v Bd ofHosp Managers, 467 Mich 1, 18; 651 NW2d 356 (2002).
Random House Webster’s College Dictionary (1990).
See Haynie v Dep’t of State Police, 468 Mich 302, 312; 664 NW2d 129 (2003); see also Barrett v Kirtland Community College, 245 Mich App 306, 321; 628 NW2d 63 (2001) (reiterating that the Civil Rights Act is not so broad as to bar all conduct that is in any way related to sex).
Because plaintiff has failed to plead sufficient facts under MCR 2.116(C)(10), we need not decide the legal sufficiency of plaintiff’s complaint under MCR 2.116(C)(8).
Dissenting Opinion
(dissenting). I respectfully dissent. While the majority sees fit to dispose of this case by an opinion per curiam after a perfunctory fifteen minutes of oral argument on the application, I believe that defendant’s application for leave should be granted and this case should be decided only after full briefing and argument. The Court of Appeals opinion in this case is published. Further, the issue presented is jurispruden-tially significant and is more closely drawn than the majority would have the reader believe.
I am unclear whether the result reached by the majority is correct. Additionally, I am troubled by the
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