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Corley v. Detroit Board of Education6/17/2004
PER CURIAM
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 plaintiff's 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 plaintiff's 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 was employed part-time as a counselor, and defendant Smith was her supervisor. During the course of their employment, plaintiff and Smith became romantically involved in a relationship that lasted three or four years. The relationship ended when Smith started dating another employee, defendant Barbara Finch. Plaintiff alleges that after Smith and Finch became involved, defendant Smith repeatedly threatened plaintiff with adverse employment action if she said or did anything that interfered with his relationship with Finch. Plaintiff also alleges that Finch taunted, embarrassed, and humiliated her by causing plaintiff's work station to be moved and by engaging in "catty" conversations with others that were about plaintiff and intended to be overheard by her. According to plaintiff, the alleged harassment culminated when she was discharged at the conclusion of the 1995-1996 school year.
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.
The Court of Appeals affirmed in part and reversed in part. The panel reversed the trial court's order granting summary disposition regarding the sexual harassment claims, reasoning that the alleged persistent and hostile communications could reasonably be considered communications of a sexual nature because defendants "disliked" plaintiff's "continued presence in the workplace as Smith's former paramour." Furthermore, the Court determined that plaintiff submitted sufficient evidence of quid pro quo sexual harassment because she suffered adverse employment actions as a result of "her 'submission' to Smith's prior" romantic overtures. The panel additionally reasoned that the alleged threats, offensive remarks, and adverse working conditions established sufficient evidence of a hostile work environment. Defendants seek leave to appeal to this Court.
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." "The purpose of such a motion is to determine whether the plaintiff has stated a claim upon which relief can be granted. The motion should be granted if no factual development could possibly justify recovery."
"A motion under MCR 2.116(C)(10) tests the factual su
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