Opinion

Pompey v. General Motors Corp.

  • 385 Mich. 537
  • 189 N.W.2d 243
  • 3 Empl. Prac. Dec. (CCH) 8326
  • 3 Fair Empl. Prac. Cas. (BNA) 913
  • 1971 Mich. LEXIS 206
Court
Michigan Supreme Court
Filed
Aug 27, 1971
Status
Published
Author
Black
On the bench
Black, Kavanagh, Adams, Swainson, Williams, Brennan
Cited by
133 cases
Authority
More cited than 7.9%

finding a judicial remedy for claims of race discrimination cumulative to that provided for in the FEPA

How later courts described this case

  • finding a judicial remedy for claims of race discrimination cumulative to that provided for in the FEPA
  • permitting suit against a private employer for violation of the plaintiff’s statutorily created civil rights
  • that there existed initial jurisdiction in the circuit court which derived from a private cause of action for racial discrimination in private employment
  • administrative remedy in Michigan’s Fair Employment Practices Act is not employee’s exclusive remedy for race discrimination

Written by the judges who cited it.

Distinguished

  • Distinguished by MacK v. City of Detroit, 467 Mich. 186 (2002)

    Rather, we conclude that Pompey is inapplicable to the case before us.
    Michigan Supreme CourtJul 31, 2002Read it

The opinion

Black, J.

(concurring). I agree with Justice Brennan’s conclusion that “plaintiff has sufficiently alleged that his union arbitrarily and with had faith thwarted his efforts to redress his grievance” (ante at p 562). That is enough to call for denial of what in this record is known as a motion for accelerated judgment. *

My vote is cast to reverse and remand for further proceedings consistent with denial of defendant’s said motion. Plaintiff should have costs of all three courts, thus far sustained.

For the decision immediately below, see 24 Mich App 60 .

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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