Opinion

Balwinski v. City of Bay City

  • 168 Mich. App. 766
  • 425 N.W.2d 218
Court
Michigan Court of Appeals
Filed
Jun 6, 1988
Status
Published
Author
Shepherd
On the bench
Cynar, Shepherd, Jasper
Cited by
5 cases

The opinion

Shepherd, J.

(concurring). I concur in the result but I write separately since I do not believe it is necessary for us to determine that the city’s affirmative action plan is not a contract. If an affirmative action plan is adopted to address the problem of discrimination as to specific groups, employees within those groups may arguably maintain that they have a right to rely on the provisions of the plan. However, in order to establish a contract, *772 one must look at the plan and determine whether it applies in an individual case. In this case the plan as I see it applies to minorities and women. Apparently no affirmative action plan was created to apply to the classification of age. Whether this is because no pattern of discrimination against older people existed prior to the adoption of the plan is not a part of the record. Since my view of the plan is that it does not apply to the classification of age, we need not address the issue of whether failing to follow the plan is a breach of contract.

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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