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Michigan Supreme Court Lansing, Michigan 48909 _____________________________________________________________________________________________
C hief Justice Justices

Maura D. Cor rigan

Opinion
DAVID SHARP,
Plaintiff-Appellant,
v CITY OF LANSING,
Defendant-Appellee.
___________________________________ BEFORE THE ENTIRE BENCH
PER CURIAM


Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly Clifford W. Taylor Robert P. Young, Jr. Stephen J. Markman

____________________________________________________________________________________________________________________________

FILED JULY 17, 2001


No. 116171


In this case, Plaintiff David Sharp brought a reverse
discrimination claim against the city of Lansing for its use
of an affirmative action plan in hiring decisions. Plaintiff
alleged violations of the Michigan Civil Rights Act (CRA)1 and


1

MCL 37.2101 et seq.


the Equal Protection Clause of the Michigan Constitution2.
The trial court granted summary disposition for the city,
finding plaintiff's claims barred by the "safe harbor"


provision of MCL 37.2210. dismissal.3

The Court of Appeals upheld the


238 Mich App 515; 606 NW2d 424 (1999).


It is beyond question that the safe harbor of the CRA
shields a public employer with a Civil Rights Commission approved affirmative action plan from liability under the CRA
for acts undertaken pursuant to that plan. Principally at


issue is whether the safe harbor provision also shields such
an employer from constitutional equal protection challenges.
We hold that it does not. We affirm in part the decision of


the Court of Appeals, reverse it in part, and remand the case
to the trial court.
I
BACKGROUND
Plaintiff wanted to be a firefighter with the city of
Lansing Fire Department. He believed himself qualified, since
he was a certified firefighter and the fire chief in Onondaga
Township. For six consecutive years, 1990-1995, he applied


for a firefighter position with the city. Each time he was


2

Const 1963, art 1,

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Michigan Law