CHAMPION v. NATIONWIDE SEC., INC.

Docket No. 100521, Calendar No. 6.

545 N.W.2d 596 (1996)

450 Mich. 702

Cheryl CHAMPION, Plaintiff-Appellant, v. NATIONWIDE SECURITY, INC., Defendant-Appellee, and Eddie Lee Fountain, Defendant.

Supreme Court of Michigan.

Decided March 19, 1996.


Attorney(s) appearing for the Case

Chambers, Steiner by Angela J. Nicita, Louis G. Corey, and Michelle J. Harrison, Detroit, for plaintiff-appellant.

Plunkett & Cooney, P.C. by Ernest R. Bazzana, Detroit, for defendant-appellee Nationwide Security, Inc.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Robert L. Willis, Jr., Assistant Attorney General, Detroit, amici curiae for Michigan Civil Rights Commission, and Michigan Department of Civil Rights.

Stark & Gordon by Sheldon J. Stark and Carol A. Laughbaum, Royal Oak, amicus curiae for National Lawyers Guild.

Paul J. Denenfeld, Detroit, amicus curiae for American Civil Liberties Union.

James Schuster, Southfield, amicus curiae for Michigan Employment Lawyers Association.

Jeffrey Meyers, Lansing, amicus curiae for Michigan Trial Lawyers Association.

Julie Field, Ann Arbor, amicus curiae for University of Michigan Women and the Law Clinic.

Elizabeth K. Bransdorfer, Grand Rapids, amicus curiae for Women Lawyers Association of Michigan.

Miller, Canfield, Paddock & Stone, P.L.C. by Alison B. Marshall and Charles S. Mishkind, Grand Rapids, amicus curiae for Michigan Manufacturers Association, and Employers' Association


OPINION

BRICKLEY, Chief Justice.

In this case, we must decide whether an employer is liable for quid pro quo sexual harassment under M.C.L. § 37.2103(i); M.S.A. § 3.548(103)(i) where one of its employed supervisors rapes a subordinate and thereby causes her constructive discharge. We hold that an employer is liable for such rapes where they are accomplished through the use of the supervisor's managerial...

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