Reseña de Linda K. Marsh v. Michigan State

Linda K. Marsh v. Michigan State de Court of Appeals of Michigan Resumen del Libro

Plaintiff appeals the circuit court's order granting defendants' motion for accelerated judgment pursuant to GCR 1963, 116.1(2). The circuit court found that it lacked subject matter jurisdiction to hear plaintiff's claims of employment discrimination. We reverse. Plaintiff's complaint alleged that she was denied three promotions with the Department of Treasury because of discrimination based on sex, race and her asthma handicap. Plaintiff alleged that two of the promotions she sought were given to other persons, despite her higher test scores on Civil Service examinations for those positions. When plaintiff was first denied a promotion, allegedly because of racial discrimination, she used the full civil service grievance procedures, including an appeal to the Civil Service Commission. A final decision denying her grievances was rendered on December 6, 1982. This decision, appealable to the circuit court, was not appealed within the 60-day time limit. Plaintiff also filed a grievance alleging discrimination based on her handicap. She received a denial after a hearing before a civil service hearing officer, but did not further pursue her grievance by appealing to the Civil Service Commission. Upon plaintiff's failure to receive a third promotion, allegedly because of sex discrimination, plaintiff did not file a grievance, but filed suit in circuit court alleging constitutional and statutory violations. Plaintiff's complaint alleged violation of Const 1963, art 11, § 5 and violation of the Michigan civil rights act, specifically the Elliott-Larsen Civil Rights Act, MCL 37.2101 et seq.; MSA 3.548(101) et seq., and the Handicappers' Civil Rights Act, MCL 37.1101 et seq.; MSA 3.550(101) et seq. Plaintiff's complaint further alleged that pursuit of her grievances with the Civil Service Commission would be futile. Plaintiff also sought a jury trial on her claims for damages for violations of the Elliott-Larsen and Handicappers' Civil Rights Acts.

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