Quinto v. Cross and Peters Co.

• Citation: 547 N.W.2d 314,451 Mich. 358
• Decision Date: 14 May 1996
• Docket Number: Docket No. 99057,No. 10,10
• Parties: , 68 Empl. Prac. Dec. P 44,173 Elena QUINTO, Plaintiff-Appellant, v. CROSS AND PETERS COMPANY, Defendant-Appellee. Calendar
• Court: Supreme Court of Michigan

Page 314

547 N.W.2d 314

451 Mich. 358, 68 Empl. Prac. Dec. P 44,173

Elena QUINTO, Plaintiff-Appellant, v. CROSS AND PETERS COMPANY, Defendant-Appellee.

Docket No. 99057.

Calendar No. 10.

Supreme Court of Michigan.

Argued Oct. 12, 1995.

Decided May 14, 1996.

[451 Mich. 359] Bendure & Thomas by Mark R. Bendure and Sidney A. Klingler, Detroit, for plaintiff.

Musilli, Baumgardner, Wagner & Parnell, P.C. by Ralph Musilli, St. Clair Shores, for defendant.

OPINION

BOYLE, Justice.

In this case, the trial court dismissed plaintiff's claim pursuant to the Civil Rights Act, M.C.L. § 37.2101 et seq.; M.S.A. § 3.548(101) et seq., on defendant's motion for summary disposition. We hold that the trial court properly found that plaintiff had failed to sufficiently support a prima facie case of hostile work environment with documentary evidence and therefore affirm the decision of the Court of Appeals, which upheld the findings of the trial court.

Facts

Plaintiff Elena Quinto was employed by defendant Cross and Peters Company, the maker of Better Made Potato Chips, for eighteen years. Plaintiff's first amended complaint sought judgment against Cross and Peters and John Kujawski, alleging that during four years at Cross and Peters, Kujawski, her supervisor, "demeaned and humiliated" and made "discriminatory decisions" concerning her that created a hostile work environment on the basis of her age, sex, and national origin. The complaint further alleged that, on one occasion, after a co-worker made obscene gestures, Kujawski asked her what happened "in a demeaning manner" and pushed her. Plaintiff was sixty years old and held the position of potato chip inspector when she left defendant's employ.

Plaintiff filed a two-count complaint against Cross and Peters and Kujawski. ¹ In her first count, she alleged an assault and battery by Kujawski. The second count alleged that defendant created a hostile work environment by demeaning and humiliating her in violation of the Civil Rights Act, M.C.L. § 37.2101 et seq.; M.S.A. § 3.548(101) et seq. Summary disposition was requested on behalf of both Cross and Peters and Kujawski on both counts. The trial judge stated that the two dispositive questions were whether plaintiff's intentional tort claim was barred by the exclusive remedy provision of the Worker's Disability Compensation Act, M.C.L. § 418.131; M.S.A. § 17.237(131), and whether plaintiff had established a prima facie case of age, sex, or national origin discrimination.

The trial court ultimately held that no intentional tort existed to take count I, plaintiff's assault and battery claim against defendant Cross and Peters, outside the worker's compensation act because "[t]he evidence ... does not establish that Defendant, Cross and Peters, her employer, had actual knowledge that any injury was certain to occur...." Summary disposition was denied with respect to Kujawski. Regarding count II, the discrimination claim, the trial court found that, accepting plaintiff's allegations of harassment as true, there were no specific facts in plaintiff's affidavit sufficiently severe or pervasive to create a question of fact regarding Cross and Peters' creation of a hostile work environment.

The Court of Appeals affirmed the lower court in an unpublished memorandum opinion. ² Plaintiff appealed to this Court. We granted leave, limited to the issue whether the trial court erred in granting summary disposition on plaintiff's claim of discrimination under the Civil Rights Act with regard to Cross and Peters. 448 Mich. 868, 533 N.W.2d 306 (1995).

I

MCR 2.116 is modeled in part on Rule 56(e) of the Federal Rules of Civil Procedure. As pointed out by Justice Brennan in Celotex v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986), the initial burden of production is on the moving party, and the moving party may satisfy the burden in one of two ways. ³

First, the moving party may submit affirmative evidence that negates an essential element of the nonmoving party's claim. Second, the moving party may demonstrate to the court that the nonmoving party's evidence is insufficient to establish an essential element of the nonmoving party's claim. If the nonmoving party cannot muster sufficient evidence to make out its claim, a trial would be useless and the moving party is entitled to summary judgment as a matter of law. [477 U.S. at 331, 106 S.Ct. at 2557 (citations omitted). ]

In reviewing a motion for summary disposition brought under MCR 2.116(C)(10), a trial court considers affidavits, pleadings, depositions, admissions, and documentary evidence filed in the action or submitted by the parties, MCR 2.116(G)(5), in the light most favorable to the party opposing the motion. A trial court may grant a motion for summary disposition under MCR 2.116(C)(10) if the affidavits or other documentary evidence show that there is no genuine issue in respect to any material fact, and the moving party is entitled to judgment as a matter of law. MCR 2.116(C)(10), (G)(4).

In presenting a motion for summary disposition, the moving party has the initial burden of supporting its position by affidavits, depositions, admissions, or other documentary evidence. Neubacher v. Globe Furniture Rentals, 205 Mich.App. 418, 420, 522 N.W.2d 335 (1994). The burden then shifts to the opposing party to establish that a genuine issue of disputed fact exists. Id. Where the burden of proof at trial on a dispositive issue rests on a nonmoving party, the nonmoving party may not rely on mere allegations or denials in pleadings, but must go beyond the pleadings to set forth specific facts showing that a genuine issue of material fact exists. McCart v. J Walter Thompson, 437 Mich. 109, 115, 469 N.W.2d 284 (1991). If the opposing party fails to present documentary evidence establishing the existence of a material factual dispute, the motion is properly granted. McCormic v. Auto Club Ins. Ass'n, 202 Mich.App. 233, 237, 507 N.W.2d 741 (1993).

Plaintiff alleged that her supervisor, John Kujawski, created a hostile work environment contrary to the Civil Rights Act, M.C.L. § 37.2101 et seq.; M.S.A. § 3.548(101) et seq., by "continually" demeaning her in front of coemployees. Although the main thrust of defendant's initial motion was the exclusive remedy issue, defendant also briefly addressed the hostile work environment claim. Plaintiff's brief in reply responded to defendant's claim that summary disposition should be granted in respect to the discrimination claim. Defendant's responsive brief asserted that plaintiff had failed to provide specific facts to support allegations of discriminatory treatment. It referenced exhibits, attached deposition testimony ⁴ and other evidence that refutes Plaintiff's claims of alleged discrimination by Defendant Kujawski resulting in the creation of a hostile working environment. Plaintiff has come forth with no evidence to establish a genuine issue of factual dispute; therefore, Defendant's motion for Summary Disposition should be granted.

Whatever the procedural peculiarities of the prior pleading and responses, it is clear that at the time of hearing on November 1, 1991, the parties knew that the civil rights claim was in issue. After the hearing and before the decision, plaintiff filed a reply brief and an affidavit in support, disputing the credibility of the deposition testimony regarding whether Ms. Quinto had been pushed by her supervisor. The affidavit ^{5 5} also contained allegations regarding plaintiff's discrimination claim, stating in pertinent part:

9. ... [M]y supervisor, John Kujawski, had continually harassed me by demeaning and humiliating me in front of fellow employees.

10. His conduct included comments regarding my age, my sex, my national origin and my ability to speak English.

11. That all of these incidents took place while I was at work.

12. That I reported these incidents to my superiors at work.

Thus, the narrow issue before us is whether the affidavit raised a genuine issue of material fact sufficient to permit a reasonable jury to find a hostile work environment.

The trial court concluded that plaintiff failed to present specific facts to support a prima facie case of discrimination. In particular, it found that plaintiff's allegations, taken as true, did not "rise to the level of severity necessary to sustain an actionable claim of hostile environment discrimination" against Cross and Peters. The Court of Appeals agreed.

A

We have not had occasion to address whether a claim of discrimination based on hostile environment, when the allegations of discrimination involve conduct or communication that is not "of a sexual nature," is encompassed by the Civil Rights Act. M.C.L. § 37.2103(i)(iii); M.S.A. § 3.548(103)(i)(iii); Radtke v. Everett, 442 Mich. 368, 501 N.W.2d 155 (1993). Nor do we decide that issue today. ⁶ Rather, we assume without deciding that plaintiff is within the class protected and that a hostile environment claim may be maintained on conduct involving a plaintiff's gender, age, or national origin. ⁷

In Radtke, supra at 382-383, 501 N.W.2d 155, we set forth the five elements necessary to establish a prima facie case of discrimination based on hostile work environment:

(1) the employee belonged to a protected group; (2) the employee was subjected to communication or conduct on the basis of [her protected status]; (3) the employee was subjected to unwelcome ... conduct or communication [involving her protected status]; (4) the unwelcome ... conduct was intended to or in fact did substantially interfere with the employee's employment or created an intimidating, hostile, or offensive work environment; and (5) respondeat superior. M.C.L. § 37.2103(h); 37.2202(1)(a); M.S.A. § 3.548(103)(h); 3.548(202)(1)(a).

Our review centers on the third and fourth elements--whether Kujawski's actions involved conduct or communication involving her protected status, and whether the conduct toward pl...