by William A. Moore, Clark Hill PLC, Detroit
Can a supervisor be sued personally for alleged acts of discrimination in Michigan? Based on a January decision by the Michigan Court of Appeals, the answer is yes.
Supervisors and HR professionals frequently have to address disciplinary issues involving employees who may enjoy “protected” status. In this context, protected status means protected by Michigan’s Elliott-Larsen Civil Rights Act, which prohibits discrimination on account of race, sex, national origin, height, weight and other specified categories.
The answer to the question of whether a supervisor (or HR professional) can be personally sued for discrimination—and held personally liable and made to pay damages—has changed over the years. The issue’s continuing evolution may have reached a conclusion with a Michigan Court decision issued on January 25, 2007. But before we review the facts and the decision in that ...(register to read more)