The Michigan Court of Appeals has reversed itself in a sexual-harassment case and decided that a woman who accused a temporary supervisor of harassment failed to show sufficient evidence.
According to a 2-1 Court of Appeals decision, Robyn Chambers cannot hold Trettco Inc. liable for alleged sexual harassment by a temporary restaurant supervisor.
Chambers was a cook at Trettco’s restaurant in Ann Arbor in 1995 when she worked with Paul Wolshon, a temporary supervisor who was filling in for four days while another manager was on vacation. Chambers accused Wolshon of offensive and suggestive behavior. The appeals court originally affirmed the $150,000 in damages awarded to Chambers by a Washtenaw Circuit Court jury.
The appeals court considered the case for a second time under the direction of the Michigan Supreme Court, which ruled that the Court of Appeals incorrectly relied on federal case law.
In its reversal, the appeals court pointed out that Chambers did not tell Trettco’s regional manager about the problem with Wolshon during a telephone conversation when Wolshon was still at the Ann Arbor restaurant. Chambers complained about the temporary supervisor’s behavior but didn’t report the incident until after Wolshon finished the assignment.
Because Chambers did not tell the company’s regional director about the problem during the telephone conversation, Trettco could not know about the harassment, the appeals court said.
The case now goes back to a trial court for reconsideration.
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jwthompson@tribune.com
