City of Ypsilanti v. Civil Rights Commission

That part of the majority’s opinion resolving the first issue is strengthened by the decision in Michigan Civil Rights Commission v Clark, 390 Mich 717, 727; 212 NW2d 912, 916 (1973). I am in agreement with that part of the opinion.

However, I must dissent from the manner in which the majority has resolved the second issue because it is inappropriate at this stage of this case. The majority’s opinion may well encourage other respondents to attempt to similarly circumvent the Civil Rights Commission.

There is no doubt that the plaintiff city has the right to establish bona fide occupational…