Malick v. Croswell-Lexington District Schools
What’s at stake: What protections federal and Michigan civil rights law provides student victims of racial harassment
Summary: The Malick family lived in Sanilac County, Michigan, which is overwhelmingly white. Their daughter, “C.M.,” is Black. While a student at Croswell Lexington School District, C.M. was subject to relentless racial harassment by her classmates. Students called her the n-word and a “Black bitch,” taunted her for wearing a weave, and told her to “pick cotton,” among other incidents. C.M. and her parents repeatedly reported the harassment to the school district, but it refused to take real action to stop the abuse. As a result, C.M. left for a new school, where she is now thriving.
The Malicks filed a lawsuit against the school district for race discrimination. The lawsuit includes claims under both federal and state civil rights laws. After a trial court judge ruled against the Malicks, they appealed to the U.S. Court of Appeals for the Sixth Circuit. There, Public Justice filed an amicus brief addressing one of the legal issues in the case: the liability standard courts should use to assess peer harassment claims brought under Michigan’s Elliott-Larsen Civil Rights Act (ELCRA).
Core legal question: Michigan state courts are actively engaged in determining the right standard for ELCRA peer harassment claims. In its amicus brief, Public Justice argued that the Sixth Circuit should allow Michigan courts to decide the issue. Public Justice also explained that, if the Sixth Circuit reaches the question, it should hold a school may be liable under the ELCRA if it has constructive knowledge of peer harassment and is negligent. As a result, student victims of harassment should be better protected by Michigan state law than by federal civil rights laws, which use a more onerous liability standard.
