Boscaglia v. Michigan Bell Telephone Co.

The principal question is whether the exclusive remedy provision of the workers’ compensation act 1 bars an action seeking recovery for physical, mental, or emotional injury resulting from an employer’s violation of the fair employment practices act (FEPA) 2 or the Michigan civil rights act. 3 We hold that it does not.

We further hold that an employee’s spouse does not have a derivative cause of action for loss of consortium as a result of an employer’s violation of the FEPA.

I

Irene M. Boscaglia worked for Michigan Bell Telephone Company from September 24, 1953, until August 11, 1977. By…