A former employee brought an action against her employer under the Michigan Civil Rights Act. She alleged that the employer was vicariously liable for 13 she suffered under her temporary supervisor. The Michigan Supreme Court held that the Court of Appeals wrongly relied on federal law to claims brought under the Michigan Civil Rights Act regarding 13. The Michigan Supreme Court described two types of 13 outlined under Michigan law (M.C.L. § 37.2103(i), one type, “quid pro quo harassment” occurs when submission to conduct is a term or condition to obtain employment, or is used as a factor in determining decisions regarding employment. A hostile work environment occurs when an employee must show that the employee was subjected to unwelcome sexual conduct or communication on the basis of sex, and “was intended to or in fact did substantially interfere with the employee’s employment or created an intimidating, hostile, or offensive work environment, and respondeat superior. The court noted that while it has found vicarious liability in cases of quid pro quo harassment, it has not when the allegation is hostile work environment because there the supervisor “acts outside the scope of actual or apparent authority to hire, fire, discipline or promote.” Instead, an employer will be vicariously liable if the employee shows that the employer failed to take prompt remedial action. The court found no evidence of quid pro quo harassment; however, it did find that plaintiff’s testimony established a hostile work environment claim. It remanded the case for a determination of whether the employer failed to take prompt remedial action in response to her hostile work environment claim.
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