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No. 119773

Patricia Myra Corley,   Ernest L. Jarrett (313) 964-2002
Plaintiff-Appellee,
   
vs                                    (Wayne - Baxter W.)    
Detroit Board of Education, Joseph Smith,   Christine D. Oldani (313) 983-4796
Defendants-Appellants.
   
______________________________________    

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Defendants-Appellants' Application for Leave to Appeal>>
Defendants-Appellants' Supplement to Application for Leave to Appeal>>

Plaintiff-Appellee's Brief in Response>>


Background

Plaintiff Patricia Corley had a full-time day position with the Detroit School Board as a high school counselor, but also worked part-time for the Board as a counselor at the Golightly Vocational Center 's night-time adult education program. In 1991, Corley became romantically involved with her supervisor, defendant Joseph Smith. In 1995, Smith ended the relationship and dated another Board employee, Barbara Finch, whom he later married. Corley claims that, after her romance with Smith ended, Smith and Finch began treating her badly; Smith allegedly threatened to fire Corley if she made any difficulties about his ending their relationship or his new relationship with Finch. In the fall of 1996, Corley learned that her part-time position was not renewed, although she continued in her full-time day position. Corley maintained that she was not rehired because of her relationship with Smith. She sued under Michigan 's Elliott-Larsen Civil Rights Act, claiming in part that she suffered sexual discrimination and sexual harassment. The Act defines sexual harassment as " unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communication of a sexual nature.." The Wayne County Circuit Court dismissed Corley's claims, but the Court of Appeals partially reversed, concluding that the case could proceed on Corley's sexual harassment claim. The defendants appeal. They argue that Smith's and Finch's conduct and communications were not "of a sexual nature" and so cannot support a claim for sexual harassment.

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