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Oral Argument on Application for Leave to Appeal Click to view briefs in Adobe format: Defendant-Appellant's Emergency Application for Leave to Appeal>>Background :Jacquelyn Magee, who is an African-American, began to work for DaimlerChrysler in 1976. She went on medical leave for emotional distress after September 12, 1998 , and resigned her job on February 2, 1999 , without ever returning to work. On February 1, 2002 , Magee sued under Michigan 's Civil Rights Act, claiming that, during her 22 years of employment with DaimlerChrysler, she had been the victim of sex harassment, retaliation, and sex and age discrimination. Among Magee's allegations were claims regarding transfers in 1992 and 1994, and various episodes of harassment dating back to the 1980s. Magee alleged that from 1984, when she first complained of harassment, until she was forced to resign (or constructively discharged) on February 2, 1999 , she was continuously subjected to a hostile work environment. Magee claimed that she went on medical leave on September 12, 1998 , because of the harassment, and that DaimlerChrysler essentially forced her to retire. DaimlerChrysler filed a motion asking the trial court to dismiss Magee's lawsuit. DaimlerChrysler argued that Magee's claims were brought more than three years after she left the workplace, and therefore were brought after the expiration of the three-year statute of limitations for civil rights actions. The trial court granted this motion, but the Court of Appeals reversed, relying on the Supreme Court's decision in Collins v Comerica , 468 Mich 628 (2003). DaimlerChrysler appeals. |
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