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Corley v. Detroit Board of Education6/17/2004
hostile work environment by engaging in "catty" conversations about plaintiff and by causing plaintiff's 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 (reiterating that the Civil Rights Act is not so broad as to bar all conduct that is in any way related to sex). 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 the language of MCL 37.2103 that plaintiff was subject to "sexual harassment." Thus, we conclude that plaintiff has failed to meet the threshold requirement to establish sexual harassment by Finch because this connection between sex and the alleged conduct and communication is missing.
IV. Conclusion
Plaintiff's 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 plaintiff's sexual harassment claims and reinstate the circuit court's order granting summary disposition for defendants under MCR 2.116(C)(10).
Maura D. Corrigan, Elizabeth A. Weaver, Clifford W. Taylor, Robert P. Young, Jr., Stephen J. Markman
CAVANAGH, J. ( 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 jurisprudentially 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 majority's quick resort to the dictionary, without any consideration of the purpose or principles underlying Michigan's Civil Rights Act and without any examination of the federal cases that have considered this issue. Therefore, I must respectfully dissent because this Court, and the parties, would be better served by granting defendant's application for leave.
Michael F. Cavanagh, Marilyn Kelly.
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