sexual harassment claim (Michigan) · Go Syfert
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sexual harassment claim in Michigan

10 Michigan opinions name it 2 courts 1989–2021 1 in the last five years

The cases below were cited by Michigan courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
Chambers v. Trettco, Incgreen
mich · 2000 · cited in 2 Michigan opinions naming this issue, 2003–2005
2 sentences

2005See Chambers v Trettco, Inc, 463 Mich 297, 312, 318-319 ; 614 NW2d 910 (2000).

2005See Chambers v Trettco, Inc, 463 Mich 297, 312, 318-319 ; 614 NW2d 910 (2000).

22
Rymal v. Baergengreen
michctapp · 2004 · cited in 1 Michigan opinions naming this issue, 2021–2021
1 sentence

2021See Rymal v Baergen, 262 Mich App 274, 313 ; 686 NW2d 241 (2004) (“Clearly, there was sufficient evidence of a hostile work environment predicated on abusive behavior closely following the rejection of [the supervisor’s] unwelcome attempt to resume a sexual relationship[, which occurred at a restaurant] . . . .).

11
Browning Manufacturing v. Mims (In Re Coastal Plains, Inc.)green
ca5 · 1999 · cited in 1 Michigan opinions naming this issue, 2011–2011
1 sentence

2011White v Wyndham Vacation Ownership, Inc, 617 F3d 472, 484 (CA 6, 2010). 1 The United States Court of Appeals for the Fifth Circuit is even more explicit, describing the debtor’s “duty to disclose all assets, including contingent and unliquidated claims.” In re Coastal Plains, Inc, 179 F3d 197, 208 (CA 5, 1999).

11
White v. Wyndham Vacation Ownership, Inc.green
ca6 · 2010 · cited in 1 Michigan opinions naming this issue, 2011–2011
1 sentence

2011White v Wyndham Vacation Ownership, Inc, 617 F3d 472, 484 (CA 6, 2010). 1 The United States Court of Appeals for the Fifth Circuit is even more explicit, describing the debtor’s “duty to disclose all assets, including contingent and unliquidated claims.” In re Coastal Plains, Inc, 179 F3d 197, 208 (CA 5, 1999).

11
Mentch v. Eastern Savings Bank, FSBgreen
mdd · 1997 · cited in 1 Michigan opinions naming this issue, 2003–2003
1 sentence

2003The critical inquiry "is whether members of one sex are exposed to disadvantageous terms or conditions of employment to which members of the other sex are not exposed." [ Koester, supra at 13, 580 N.W.2d 835 (citations omitted), quoting Mentch v. Eastern Savings Bank, FSB, 949 F.Supp. 1236, 1245-1246 (D.Md., *149 1997), quoting Harris v. Forklift Systems, Inc., 510 U.S. 17, 25 , 114 S.Ct. 367 , 126 L.Ed.2d 295 (1993).] Contrary to the majority's assertion, only by acknowledging the link between sexual conduct and gender-based inequality can the sexual-harassment provision, M.C.L. § 37.2103(i),

11
Jenkins v. Southeastern Michigan Chapter, American Red Crossgreen
michctapp · 1985 · cited in 1 Michigan opinions naming this issue, 1993–1993
2 sentences

1993See, e.g., Jenkins v Southeastern Michigan Chapter, American Red Cross, 141 Mich App 785, 794 ; 369 NW2d 223 (1985) (regarding the Civil Rights Act race discrimination claim). [21] See also Hall v Gus Construction Co, Inc, 842 F2d 1010, 1014 (CA 8, 1988) (utilizing a "but for" test, and noting that "the predicate acts underlying a sexual harassment claim need not be clearly sexual in nature"). [22] To accept Everett's allegation that his motivation was "romantic" would assuredly turn the question into a wholly subjective characterization: precisely the characterization Everett seeks to avoid.

1993See, e.g., Jenkins v Southeastern Michigan Chapter, American Red Cross, 141 Mich App 785, 794 ; 369 NW2d 223 (1985) (regarding the Civil Rights Act race discrimination claim). [21] See also Hall v Gus Construction Co, Inc, 842 F2d 1010, 1014 (CA 8, 1988) (utilizing a "but for" test, and noting that "the predicate acts underlying a sexual harassment claim need not be clearly sexual in nature"). [22] To accept Everett's allegation that his motivation was "romantic" would assuredly turn the question into a wholly subjective characterization: precisely the characterization Everett seeks to avoid.

11
Boscaglia v. Michigan Bell Telephone Co.green
mich · 1985 · cited in 1 Michigan opinions naming this issue, 1989–1989
1 sentence

1989See Boscaglia, supra. That the conduct may be the basis for criminal prosecution or a civil claim against the individual employee does not preclude the possibility that it may also be the basis for a sexual harassment claim.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
Radtke v. Everett green
mich · 1993
2 sentences

2015To establish a prima facie case of hostile work environment based on sexual harassment, plaintiff must show the following: (1) the employee belonged to a protected group; (2) the employee was subjected to communication or conduct on the basis of sex; (3) the employee was subjected to unwelcome sexual conduct or communication; (4) the unwelcome sexual conduct or communication was intended to or in fact did substantially interfere with the employee’s employment or created an intimidating, hostile, or offensive work environment; and (5) respondeat superior. [Haynie, 468 Mich at 307-308 , quoting

2015To establish a prima facie case of hostile work environment based on sexual harassment, plaintiff must show the following: (1) the employee belonged to a protected group; (2) the employee was subjected to communication or conduct on the basis of sex; (3) the employee was subjected to unwelcome sexual conduct or communication; (4) the unwelcome sexual conduct or communication was intended to or in fact did substantially interfere with the employee’s employment or created an intimidating, hostile, or offensive work environment; and (5) respondeat superior. [Haynie, 468 Mich at 307-308 , quoting

22003–2015
Rymal v. Baergen green
michctapp · 2004
1 sentence

2021See Rymal v Baergen, 262 Mich App 274, 313 ; 686 NW2d 241 (2004) (“Clearly, there was sufficient evidence of a hostile work environment predicated on abusive behavior closely following the rejection of [the supervisor’s] unwelcome attempt to resume a sexual relationship[, which occurred at a restaurant] . . . .).

12021–2021
Haynie v. Department of State Police green
mich · 2003
1 sentence

2015To establish a prima facie case of hostile work environment based on sexual harassment, plaintiff must show the following: (1) the employee belonged to a protected group; (2) the employee was subjected to communication or conduct on the basis of sex; (3) the employee was subjected to unwelcome sexual conduct or communication; (4) the unwelcome sexual conduct or communication was intended to or in fact did substantially interfere with the employee’s employment or created an intimidating, hostile, or offensive work environment; and (5) respondeat superior. [Haynie, 468 Mich at 307-308 , quoting

12015–2015
Harris v. Forklift Systems, Inc. green
scotus · 1993
2 sentences

2003The critical inquiry "is whether members of one sex are exposed to disadvantageous terms or conditions of employment to which members of the other sex are not exposed." [ Koester, supra at 13, 580 N.W.2d 835 (citations omitted), quoting Mentch v. Eastern Savings Bank, FSB, 949 F.Supp. 1236, 1245-1246 (D.Md., *149 1997), quoting Harris v. Forklift Systems, Inc., 510 U.S. 17, 25 , 114 S.Ct. 367 , 126 L.Ed.2d 295 (1993).] Contrary to the majority's assertion, only by acknowledging the link between sexual conduct and gender-based inequality can the sexual-harassment provision, M.C.L. § 37.2103(i),

2003The critical inquiry "is whether members of one sex are exposed to disadvantageous terms or conditions of employment to which members of the other sex are not exposed." [ Koester, supra at 13, 580 N.W.2d 835 (citations omitted), quoting Mentch v. Eastern Savings Bank, FSB, 949 F.Supp. 1236, 1245-1246 (D.Md., *149 1997), quoting Harris v. Forklift Systems, Inc., 510 U.S. 17, 25 , 114 S.Ct. 367 , 126 L.Ed.2d 295 (1993).] Contrary to the majority's assertion, only by acknowledging the link between sexual conduct and gender-based inequality can the sexual-harassment provision, M.C.L. § 37.2103(i),

12003–2003
Koester v. City of Novi green
mich · 1998
1 sentence

2003The critical inquiry "is whether members of one sex are exposed to disadvantageous terms or conditions of employment to which members of the other sex are not exposed." [ Koester, supra at 13, 580 N.W.2d 835 (citations omitted), quoting Mentch v. Eastern Savings Bank, FSB, 949 F.Supp. 1236, 1245-1246 (D.Md., *149 1997), quoting Harris v. Forklift Systems, Inc., 510 U.S. 17, 25 , 114 S.Ct. 367 , 126 L.Ed.2d 295 (1993).] Contrary to the majority's assertion, only by acknowledging the link between sexual conduct and gender-based inequality can the sexual-harassment provision, M.C.L. § 37.2103(i),

12003–2003
Tammy S. Scusa v. Nestle U.S. A. Company, Inc., Doing Business as Friskies Petcare Co., Inc. green
ca8 · 1999
1 sentence

2000In Scusa v Nestle USA Co, Inc, 181 F3d 958 (CA 8, 1999), the plaintiff argued that her co-workers treated her with hostility and shunned her after she filed a sexual harassment claim against her employer and that her supervisor failed to take action to remedy the situation.

12000–2000
Birmingham School District v. Buck green
michctapp · 1994
2 sentences

1995Birmingham School Dist v Buck, 204 Mich App 286, 287-290 ; 514 NW2d 528 (1994).

1995Birmingham School Dist v Buck, 204 Mich App 286, 287-290 ; 514 NW2d 528 (1994).

11995–1995
LANGLOIS v. McDONALD’S RESTAURANTS OF MICHIGAN, INC green
michctapp · 1986
2 sentences

1993This Court, in Langlois v McDonald’s Restaurants of Michigan, Inc, 149 Mich App 309 ; 385 NW2d 778 (1986), recognized as one element of a sexual harassment claim the necessity that the harassment complained of be based on the complainant’s gender.

1993This Court, in Langlois v McDonald’s Restaurants of Michigan, Inc, 149 Mich App 309 ; 385 NW2d 778 (1986), recognized as one element of a sexual harassment claim the necessity that the harassment complained of be based on the complainant’s gender.

11993–1993

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 37.2101 (7) MI § Mich. Comp. Laws § 37.2103 (7) MI § Mich. Comp. Laws § 37.2202 (6) MI § Mich. Comp. Laws § 37.2201 (3) MI § Mich. Comp. Laws § 37.2701 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 39 (1989–2026) TX 32 (1991–2026) OH 19 (1994–2023) NY 14 (1990–2014) NJ 12 (1988–2026) MA 11 (1987–2026) MI 10 (1989–2021) MN 9 (1988–2016) WV 8 (1998–2024) WA 8 (1995–2013) IL 6 (1996–2023) MO 6 (2005–2016) LA 6 (1998–2021) CT 4 (1993–2001) KY 4 (1992–2021) FL 3 (2006–2012) HI 3 (2001–2014) DC 3 (1995–2007) ME 3 (2003–2010) TN 3 (1995–2007) KS 2 (2004–2013) PA 2 (2002–2009) MD 2 (2006–2011) NM 2 (2014–2014) AZ 2 (2008–2008) CO 2 (1996–2001) IA 2 (2014–2018) WI 2 (1995–2008)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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