Black woman's lawsuit over toy ape in office dismissed by Appeals Court - The toy ape was less offensive than the female plaintiff!

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LANSING — The Michigan Court of Appeals has thrown out a $21,000 judgment in favor of a black Department of Human Services worker who a lower court ruled was subjected to a hostile work environment after a 5-foot-tall toy ape appeared perched atop her work cubicle.

Instead, Crystal Perry’s lawsuit should be dismissed, a three-judge panel ruled in an opinion released today.

The panel found that Perry never made a claim about a hostile work environment — which is distinct from the racial discrimination claim she did make — and the lower court “erred as a matter of law in awarding damages on a claim that was not alleged.”

Perry, who began working at DHS in 2003, sued the department in Ingham County Circuit Court in 2010, alleging discrimination under the Elliott-Larsen Civil Rights Act. She alleged managers at DHS denied her promotions and training opportunities because of her race.

Those claims were dismissed by Ingham County Circuit Judge Rosemarie Aquilina, but Aquilina found Perry was subjected to a hostile work environment in connection with the 2009 incident involving the toy ape.

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