Order Michigan Supreme Court
Lansing, Michigan
September 16, 2015 Robert P. Young, Jr.,
Chief Justice
Stephen J. Markman
Mary Beth Kelly
150616 Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein,
CRAIG HECHT, Justices
Plaintiff-Appellee,
v SC: 150616
COA: 306870
Genesee CC: 10-093161-CL
NATIONAL HERITAGE ACADEMIES, INC.,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the October 28, 2014
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
address whether the Court of Appeals erred: (1) when it found sufficient direct evidence
of racial discrimination on the basis of a witness’s interpretation or understanding of what
the defendant’s representative said to her; (2) when it concluded that the burden-shifting
analysis of McDonnell Douglas Corp v Green, 411 US 792; 93 S Ct 1817; 36 L Ed 2d
668 (1973), was not applicable and that there was sufficient circumstantial evidence that
the plaintiff was similarly situated to African-American employees who had made race-
based remarks in the past; and (3) when it held that the trial court did not abuse its
discretion in admitting evidence of the defendant employer’s disclosures, which were
mandated by MCL 380.1230b, to the plaintiff’s prospective employers.
The Labor and Employment Law Section of the State Bar of Michigan is invited to
file a brief amicus curiae. Other persons or groups interested in the determination of the
issues presented in this case may move the Court for permission to file briefs amicus
curiae.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
September 16, 2015
s0909
Clerk