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Mick v. Lake Orion Community Schools6/3/2004
UNPUBLISHED
In these consolidated appeals, plaintiff appeals as of right the dismissal of his reverse gender discrimination and retaliation claims brought under the Civil Rights Act (CRA), MCL 37.2101 et seq. We affirm in part and reverse in part.
A decision issued during the pendency of this appeal, Jager v Nationwide Truck, 252 Mich App 464; 652 NW2d 503 (2002), held that the CRA's anti-discrimination provision forecloses individual liability, and allows only for employer liability. Id. at 484-485. Under Jager, we must affirm the dismissal of plaintiff's gender discrimination claims against the individual defendants. Not affected by Jager, supra, are plaintiff's gender discrimination claim against defendant employer, Lake Orion Community Schools (LOCS), and plaintiff's retaliation claims against all defendants. See n 8, infra. We reverse the dismissal of the gender discrimination claims against LOCS that are not barred by the statute of limitations. We also reverse in part the dismissal of plaintiff's retaliation claims.
I.
Plaintiff is a teacher employed by defendant LOCS since 1974, most recently at Webber Elementary School. Plaintiff's complaint alleged gender discrimination and retaliation, including that he was qualified, applied for and was denied six elementary school administrator positions during the 1991 to 1999 tenure of then-LOCS Superintendent, Robert Bass. Plaintiff alleged that defendants, particularly Bass, were predisposed to discriminate against men in filling elementary level administrator positions, and placed women less qualified than plaintiff in five of the six positions. Plaintiff also alleged defendants retaliated against him after he filed a gender discrimination charge with the EEOC in July 1998, concerning which the EEOC issued a determination in February 1999 that there was reasonable cause to believe plaintiff's discrimination allegation as to the denial of the Orion Oaks elementary administrator position on July 1, 1998. Plaintiff alleged that defendants' retaliated against him by removing him from two paid school committee positions and denying him additional elementary administrator positions, among other things.
Plaintiff filed his complaint on November 21, 2000, but service on two of the siX defendants, Bass and Kast, was not effected before the summons expired. Plaintiff filed a second complaint on July 6, 2001, naming Bass and Kast. The circuit court consolidated the complaints for discovery purposes.
Defendants moved for summary disposition, asserting that the statute of limitations barred claims against defendants Bass and Kast that arose before July 6, 1998, and claims against the remaining defendants that arose before November 21, 1997, MCR 2.116(C)(7), and that plaintiff's remaining claims should be dismissed under MCR 2.116(C)(10). The circuit court agreed. Plaintiff's motion for reconsideration was denied. This appeal ensued.
II.
Plaintiff first challenges the dismissal of his reverse gender discrimination claims under MCR 2.116(C)(7). We need not consider whether the individual defendants were properly dismissed because their dismissal is mandated under Jager, supra. We thus address this claim only as to defendant employer, LOCS.
We review de novo the circuit court's grant of summary disposition under MCR 2.116(C)(7). Maiden v Rozwood, 461 Mich 109, 118; 597 NW2d 817 (1999). The period of limitations for a cause of action under the CRA is three years. MCL 600.5805(8). The three-year statute of limitations is not tolled by filing a charge with the EEOC under Title VII. Mair v Consumers Power Co, 419 Mich 74, 84-85; 348 NW2d 256 (1984).
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