Koester v. City of Novi

In this case we are asked to determine two things: (1) whether plaintiff has stated a claim under the Handicappers’ Civil Rights Act (HORA), MCL 37.1101 et seq.; MSA 3.550(101) et seq., and (2) whether comments and harassing conduct relating to a woman’s pregnancy can give rise to a claim for sexual harassment as defined by the Michigan Civil Rights Act, MCL 37.2101 et seq.; MSA 3.548(101) et seq.

We hold that pregnancy, standing alone, is not a handicap under the HCRA because it is not a substantial limitation of a major life activity. We also hold that harassing comments and conduct relating…