McLeod v. Providence Christian School, 160 Mich. App. 333

408 N.W.2d 146 (Mich. Ct. App. 1987) · Michigan Court of Appeals · May 19, 1987 · No. 79336

Summary

The Michigan Court of Appeals held that a nonprofit religious school was an employer subject to the Michigan Civil Rights Act and its prohibition on sex discrimination in employment. The court rejected the school's claims that applying the Act violated the Free Exercise or Establishment Clauses, emphasizing the state's compelling interest in eliminating sex discrimination and the availability of a statutory religious bona fide occupational qualification exemption. The court affirmed the trial court's denial of accelerated judgment.

Holdings

  1. The school was an employer within the meaning of the Michigan Civil Rights Act and was subject to the Act's prohibition against sex discrimination.
  2. The school was not entitled at the accelerated-judgment stage to avoid the Act on the asserted bona fide occupational qualification theory.
  3. Applying the Michigan Civil Rights Act's prohibition against sex discrimination to the school's hiring policy did not violate the Free Exercise Clause.
  4. Applying the Act did not create excessive government entanglement with religion and therefore did not violate the Establishment Clause.

Questions Presented

  1. Whether Providence Christian School was an employer subject to the Michigan Civil Rights Act's prohibition against sex discrimination.
  2. Whether the Michigan Civil Rights Act, as applied to the school's hiring policy, violated the Free Exercise Clause.
  3. Whether applying the Act to the school's hiring practices created excessive government entanglement with religion in violation of the Establishment Clause.
  4. Whether the school's religious policy constituted a bona fide occupational qualification excusing compliance with the Act.

Disposition

affirmed

Cases Cited (24)

  • Kircos v. Goodyear Tire & Rubber Co., 108 Mich. App. 781, 783, 311 N.W.2d 139 (1981)(followed)
  • Kropff v. City of Monroe, 128 Mich. App. 450, 452, 340 N.W.2d 119 (1983)(followed)
  • Gojcaj v. Moser, 140 Mich. App. 828, 832, 366 N.W.2d 54 (1985)(followed)
  • Wallisch v. Fosnaugh, 126 Mich. App. 418, 424, 336 N.W.2d 923 (1983)(followed)
  • Charpentier v. Canteen Corp., 105 Mich. App. 700, 704–705, 307 N.W.2d 704 (1981)(followed)
  • Lamphere Schools v. Lamphere Federation of Teachers, 400 Mich. 104, 110, 252 N.W.2d 818 (1977)(followed)
  • Couture v. General Motors Corp., 125 Mich. App. 174, 177–178, 335 N.W.2d 668 (1983)(followed)
  • In re Certified Questions, 416 Mich. 558, 331 N.W.2d 456 (1982)(cited)
  • State Bar of Michigan v. Galloway, 124 Mich. App. 271, 335 N.W.2d 475 (1983), aff'd, 422 Mich. 188, 369 N.W.2d 839 (1985)(cited)
  • Heath v. Alma Plastics Co., 121 Mich. App. 137, 141, 328 N.W.2d 598 (1982)(followed)

Showing top 10 of 24.

Cited In (0)

No citing cases on record yet.

Download CaseDownload Case DataDownload Case and DataDownload AI Instructions

Court Document

Open PDF
Loading document…

More from Michigan Michigan Court Of Appeals