Right to a Jury Trial in Civil Rights Actions
Plaintiffs have a right to a jury trial under the ELCRA. Barbour v Department of Soc Servs, 172 Mich App 275, 172 NW2d 275 (1988); Schafke v Chrysler Corp, 147 Mich App 751, 383 NW2d 141 (1985). Before the enactment of the federal Civil Rights Act of 1991 (1991 CRA), Pub L No 102-166, 105 Stat 1071, only equitable relief was available under Title VII, for which there was no right to a jury trial. However, under the 1991 CRA, Title VII plaintiffs have a right to a jury trial in actions alleging intentional discrimination under Title VII and the ADA. 42 USC 1981a(c)(1). Plaintiffs are also entitled to a jury trial under the ADEA, Lorillard Div of Loew’s Theatres, Inc v Pons, 434 US 575 (1978), and under 42 USC 1981 and 1983, Carey v Piphus, 435 US 247 (1978); Johnson v Railway Express Agency, Inc, 421 US 454 (1975). However, no jury trial is available where strictly equitable relief is sought. When a civil rights plaintiff seeks a combination of equitable and legal relief, courts generally allow a jury trial on the legal claims and all issues common to both claims. Curtis v Loether, 415 US 189 (1974). Thus, the jury will determine fact issues common to both the legal and equitable claims, and the court will determine any remaining issues solely on the equitable claims. Jones v Metropolitan Hosp & Health Ctrs, 88 FRD 341 (ED Mich 1980).