Opinion
No. 119202.
July 31, 2002.
COA: 219037, Genesee CC: 97-059552-CL
On order of the Court, the application for leave to appeal is considered and, pursuant to MCR 7.302(F)(1), we REMAND this case to the Court of Appeals. The panel is directed to explain within 90 days of the date of this order whether, in affirming summary disposition in favor of defendant, it was necessary to rely on Allen v Comprehensive Health Services, 222 Mich. App. 426; 564 N.W.2d 914 (1997). If it was not, the Court should explain why not. If it was, the Court should explain why it was and address whether the `background circumstances' test imposed by Allen in evaluating `reverse discrimination' claims is consistent with the Civil Rights Act, MCL 37.2101 et seq. If so, it should also address whether the test is consistent with state or federal equal protection principles.
We retain jurisdiction.
Cavanagh, J., would deny leave to appeal.