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RADTKE v. EVERETT

Docket No. 92582, (Calendar No. 4).

442 Mich. 368 (1993)

501 N.W.2d 155

RADTKE v. EVERETT

Supreme Court of Michigan.

Decided June 2, 1993.

Attorney(s) appearing for the Case

Smith, Haughey, Rice & Roegge (by Mark D. Williams) for the plaintiff.

Dykema, Gossett (by Seth M. Lloyd and Nancy L. Niemela) and Cunningham, Davison, Beeby, Rogers & Alward (by William M. Davison) for the defendants.

Amici Curiae:

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Robert L. Willis, Jr., and Dianne Rubin, Assistant Attorneys General, for Michigan Civil Rights Commission and Michigan Department of Civil Rights.

Clark, Klein & Beaumont (by Dwight H. Vincent, J. Walker Henry, Rachelle G. Silberberg, and Patricia Bordman) for Michigan Manufacturers Association.

Miller, Canfield, Paddock & Stone (by Diane M. Soubly and John H. Willems) for American Society of Employers, Motor Vehicle Manufacturers Association, Greater Detroit Chamber of Commerce, and Michigan Chamber of Commerce.

Chiamp & Associates, P.C. (by Charlene M. Snow), for Women Lawyers Association of Michigan.

Julie Kunce Field and Suellyn Scarnecchia for University of Michigan Women and the Law Clinic and Women Lawyers Association of Michigan.

Stark & Gordon (by Sheldon J. Stark) for Michigan Trial Lawyers Association.

RILEY, J.

At issue are the elements of a prima facie case of a hostile work environment under the Michigan Civil Rights Act, MCL 37.2101 et seq.; MSA 3.548(101) et seq. We hold that a hostile work environment claim is actionable when the work environment is so tainted that, in the totality of the circumstances, a reasonable person in the plaintiff's position would have perceived the conduct at issue as substantially interfering with employment or having...

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