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Chambers v. Trettco, Inc.

Employer was not vicariously liable for supervisor's alleged quid pro quo sexual harassment absent some evidence of tangible employment action pertaining to plaintiff; further, court of appeals erred by applying federal principles announced in Faragher and Ellerth, rather than state law, to plaintiff's claim of hostile work environment.

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The full case caption appears at the end of this opinion.

We granted leave to consider whether the Court of Appeals properly held an employer vicariously liable under the Civil Rights Act (CRA), MCL 37.2101 et seq.; MSA 3.548(101) et seq., for sexual harassment by a supervisory employee against a subordinate employee. A divided Court of Appeals panel affirmed the judgment on a jury verdict returned in plaintiff’s favor. The majority utilized vicarious liability principles articulated in two recent United States Supreme Court decisions applying the federal Civil Rights Act. We hold that the principles stated in the federal cases relied on by the Court of Appeals do not apply to claims brought under Michigan’s Civil Rights Act. Instead, we adhere to prior Michigan precedent and the specific language of the Michigan statute. We also hold that defendant was entitled to a directed verdict on plaintiff’s claim of quid pro quo sexual harassment. Accordingly, we vacate the Court of Appeals opinion and remand to the Court of Appeals for reconsideration of plaintiff’s claim of hostile environment sexual harassment in light of this opinion.

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