Boscaglia v. Michigan Bell Telephone Company and Pacheco v. Clifton

In Boscaglia v. Michigan Bell Telephone Company and Pacheco v. Clifton, 420 Mich. 308, 362 N.W.2d 642 (Mich. 1985), Boscaglia filed an action against her former employer alleging violations of Michigan's Fair Employment Practices Act and Civil Rights Act. She claimed she was demoted as a result of sex discrimination. Various employment problems allegedly arose after her demotion, including an accusation by her supervisor of coming to work late. She ultimately sought psychiatric treatment and quit her job. She filed a claim for workers' compensation and was awarded benefits for mental and emotional disability during the pendency of her civil action. A second plaintiff, Pacheco, alleged various acts of discrimination against him by his employer, including a suspension, demotion, discharge, and various acts of derision and harassment. He claimed that the acts of discrimination stemmed from his Spanish-American heritage. He did not file a workers' compensation claim. In response to what the court described as the "principal question" before it in the two cases, the court held that "the exclusive remedy provision of, the workers' compensation act [does not bar] an action seeking recovery for physical, mental, or emotional injury resulting from an employer's violation of the fair employment practices act (FEPA) or the Michigan civil rights act." Boscaglia, 362 N.W.2d at 643. The court in its opinion noted that 'the evils at which the civil rights acts are aimed are different from those at which the workers' compensation act is directed," Id. at 315; at 645.