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Leave to appeal has been granted in a case that will decide whether the friends and co-workers of someone fired by the Michigan Department of Corrections for reporting racial harassment have the right to claim retaliation damages themselves.
In Miller v. Michigan Department of Corrections, issued August 25, 2022, the court held that while third-party retaliation claims are viable under Michigan law, plaintiffs must show they have aided or encouraged a fellow employee in exercising a protected right.
Michigan’s Elliot-Larsen Civil Rights Act (“ELCRA”) protects employees who complain about alleged unlawful activity from retaliation. In the recent Michigan Court of Appeals decision,...