Michigan Discrimination laws & HR compliance analysis

Michigan Discrimination: What you need to know

The Elliott-Larsen Civil Rights Act prohibits employment practices that discriminate based on religion, race, color, national origin, age, sex (including pregnancy), height, weight, disability, genetic information, or marital status (MI Comp. Laws Sec. 37.2101 et seq.). Employers are also prohibited from requiring an individual to submit to a genetic test or to provide genetic information as a condition of employment or promotion. The Act applies to all employers, including employment agencies and labor unions.
The Act also prohibits employers from treating individuals affected by pregnancy, childbirth, or related medical conditions differently from individuals who are not so affected but who are similar in their ability or inability to work. The law does not cover a medical condition related to a nontherapeutic abortion not intended to save the life of the mother.
Sexual orientation and gender identity. In May 2018, the Michigan Civil Rights Commission issued an interpretative statement finding that discrimination because of sexual orientation and gender identity are forms of discrimination because of sex. In July 2018, the state’s attorney general issued an opinion that the commission had exceeded its authority; however, the commission maintains its position and continues to accept complaints of discrimination based on sexual orientation and gender identity. The current attorney general, who was elected in November 2018, has agreed to reconsider her predecessor’s opinion.
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Like federal law under Title VII of the Civil Rights Act of 1964 (Title VII), the Elliott-Larsen Civil Rights Act prohibits employers from making any decision regarding hiring, discharge, advancement, ...

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