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VICTORSON v. DEP'T. OF TREASURY

Docket No. 88975, (Calendar No. 14).

439 Mich. 131 (1992)

482 N.W.2d 685

VICTORSON v. DEPARTMENT OF TREASURY

Supreme Court of Michigan.

Decided March 17, 1992.

Attorney(s) appearing for the Case

Charles J. Porter, P.C. (by Charles J. Porter), for the plaintiff.

Frank J. Kelley, Attorney General, Gay Secor Hardy, Solicitor General, and Robert L. Willis, Gary P. Gordon, Dianne Rubin, Leo H. Friedman, and Deborah A. Devine, Assistant Attorneys General, for the defendants.

MALLETT, J.

We granted leave to determine whether an employer, who implements an affirmative action plan that has not been formally approved by the Civil Rights Commission pursuant to MCL 37.2210; MSA 3.548(210)1 is guilty of discrimination as a matter of law. We hold that such conduct is not itself discriminatory.

We therefore reverse the decision of the Court of Appeals and remand to...

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