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Michigan Supreme Court Levels the Field for "Reverse Discrimination" Claims

Reversing a position held since 1997, the Michigan Supreme Court has ruled that the "background circumstances" test for determining the sufficiency of a claim of reverse employment discrimination does not comport with the state's fair employment practices law. Holding that the heightened requirements in a reverse discrimination lawsuit conflict with the letter and spirit of the Elliot-Larsen Civil Rights Act, the state supreme court has eliminated any legal distinction between discrimination and "reverse discrimination" and leveled the field for bringing such lawsuits against employers. [Lind v. City of Battle Creek, 470 Mich. 239 (June 11, 2004).]

In the case, a white police officer who ranked second on a sergeant's examination sued the City of Battle Creek because he was not promoted, while a black officer who ranked only fifth on the exam was promoted. The plaintiff's claims were dismissed by all the state's lower courts, which ruled that although the white officer had alleged the traditional prima facie elements required of all plaintiffs, he could not demonstrate the additional "background circumstances" supporting the suspicion that the defendant is the unusual employer, which "discriminates against the majority." However, the Michigan Supreme Court found the heightened pleading standards in so-called reverse discrimination cases are "clearly contrary to the language of Michigan's Civil Rights Act" and overruled the "background circumstances" test.

This decision eliminates any legal distinction in Michigan between discrimination and "reverse discrimination" and will make it easier for majority-class plaintiffs to maintain discrimination claims under the state's civil rights laws. Those claims will be more likely to withstand the challenge of a defendant's motion for summary disposition, meaning more cases will reach the trial stage, where the costs of a resolution, either through a verdict or settlement, are likely to be greater.