603 N.W.2d 645
No. 114085 (45)(46).Supreme Court of Michigan.
October 27, 1999.
On order of the Court, the application for leave to appeal from the November 20, 1998, decision of the Court of Appeals is considered, and it is GRANTED. The parties are directed to include among the issues briefed: (1) Whether the principles adopted in Burlington Industries,Inc v Ellerth, 524 U.S. 742; 118 S Ct 2257; 141 L Ed 2d 633 (1998), andFaragher v City of Boca Raton, 524 U.S. 775; 118 S Ct 2275; 141 L Ed 2d 662
(1998), should apply in cases brought under the Michigan Civil Rights Act? (2) If so, is a new trial required on the question whether the defendant established the affirmative defense permitted under those decisions? (3) If the Ellerth and Faragher principles do not apply, (a) is defendant vicariously liable for the acts of supervisor Wolshon, and (b) is defendant liable for failing to take prompt and appropriate remedial action on notice of Wolshon’s conduct? The motions to file briefs as amicus curiae are GRANTED.
Reported below: 232 Mich. App. 560.