Chambers v. Trettco, Inc., 463 Mich. 297 (2000)
In the case Chambers v. Trettco, Inc., 463 Mich. 297, 614 N.W.2d 910 (2000), a former employee filed suit against her employer under the Michigan Civil Rights Act, Mich. Comp. Laws § 37.2101 et seq., alleging that she was subjected to sexual harassment by a temporary supervisor and that her employer was vicariously liable. The Michigan Supreme Court held that the Court of Appeals erred in applying federal Title VII precedent to interpret the Michigan statute, emphasizing that Michigan law provides its own standards for establishing employer liability in sexual harassment cases. The Court identified two forms of sexual harassment under (the 1990 version of) MCL § 37.2103(i).“Quid pro quo” harassment occurs when submission to unwelcome sexual conduct is made a condition of employment or is used as a factor in employment decisions. A “hostile work environment” arises when an employee is subjected to unwelcome sexual conduct or communication based on sex that is intended to, or in fact does, substantially interfere with employment or creates an intimidating, hostile, or offensive work environment. The Court explained that an employer may be vicariously liable for quid pro quo harassment committed by a supervisor because such acts occur within the supervisor’s apparent authority. However, in hostile work environment cases, the supervisor’s actions fall outside the scope of actual or apparent authority, and employer liability depends on whether the employer failed to take prompt and appropriate remedial action once informed of the harassment. The Michigan Supreme Court found no evidence of quid pro quo harassment but concluded that the plaintiff’s testimony supported a claim of hostile work environment harassment. The case was remanded for a determination of whether the employer failed to take prompt remedial action in response to the complaint.
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- 2000
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