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DEPT. OF CIVIL RIGHTS EX REL. CORNELL v. SPARROW

Docket Nos. 70546, 70578. (Calendar No. 2).

423 Mich. 548 (1985)

377 N.W.2d 755

DEPARTMENT OF CIVIL RIGHTS ex rel CORNELL v. EDWARD W SPARROW HOSPITAL ASSOCIATION

Supreme Court of Michigan.

Decided November 22, 1985.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, Felix E. League, Jack Blumenkopf, and Michael J. Moquin, Assistant Attorneys General, for plaintiff Department of Civil Rights.

Starr, Bissell & Hackett (by H. James Starr) for plaintiff Cornell.

Foster, Swift, Collins & Coey, P.C. (by John L. Collins, George M. Brookover, and Frank J. Nerat, Jr.), for the defendant.

Amici Curiae:

Miller, Cohen, Martens & Sugerman, P.C. (by John A. Obee), and Richard M. Goodman, P.C. (by Susan E. Lister), for Michigan Trial Lawyers Association.

Schaden & Heldman (by Victoria C. Heldman) for Women Lawyers Association of Michigan.

WILLIAMS, C.J.

I. INTRODUCTION

This case presents two issues for determination by this Court which it has not previously considered. The first issue is what standard should be applied in determining whether to award back pay to a civil rights claimant under § 7(h) of the Fair Employment Practices Act, MCL 423.307(h); MSA 17.458(7)(h), where the employer refuses to permit the claimant to return to work unless she complies with a discriminatory dress code...

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