M Civ JI 108.09 Public Accommodation/Public Service Discrimination - Quid Pro Quo Harassment - Burden of Proof

On plaintiff’s claim of quid pro quo harassment, plaintiff has the burden of proving:

(a) that the defendant subjected plaintiff to unwelcome [ sexual advances / requests for sexual favors / other verbal or physical conduct or communication of a sexual nature ]; and

(b) that the defendant explicitly or implicitly used the plaintiff’s submission to or rejection of such conduct or communication as a factor in a decision affecting the decision to afford plaintiff the full and equal enjoyment of a public accommodation or public service; and

(c) that [ he / she ] suffered damages.

To prove that the submission to or rejection of the conduct or communication was a factor in a decision, plaintiff must demonstrate that the action that [ he / she ] suffered was because of [ his / her ] rejection of, or submission to, the harassment.

Your verdict will be for the plaintiff if the plaintiff has proved all of those elements.

Your verdict will be for the defendant if the plaintiff has failed to prove any one of those elements.

Comment

Diamond v Witherspoon, 265 Mich App 673 (2005).

History

Added December 2008. Amended January 2020.