Discrimination At Work
MCL 37.2202 — the Elliott Larsen act: who is covered, harassment, retaliation, and the right to sue
An employer may not refuse to hire or recruit, discharge, or otherwise discriminate against a person in employment, pay, or a term, condition or privilege of employment because of religion, race, color, national origin, age, sex, sexual orientation, gender identity or expression, height, weight or marital status. Nor may it limit, segregate or classify employees or applicants in a way that deprives them of opportunities for those reasons.
An employer here is anyone with 1 or more employees. Sex includes pregnancy, childbirth, the termination of a pregnancy and related medical conditions, and a person so affected has to be treated the same as others similar in their ability or inability to work.
Race includes traits historically associated with race, including hair texture and protective hairstyles such as braids, locks and twists. Discrimination because of sex includes sexual harassment: unwelcome sexual advances, requests for sexual favors, and other conduct or communication of a sexual nature, where submitting is made a condition of employment, where submitting or refusing is used in employment decisions, or where it substantially interferes with the work or creates an intimidating, hostile or offensive environment.
A separate act bars an employer from refusing to hire or promote, discharging, or otherwise discriminating because of a disability or genetic information unrelated to the person's ability to do the job. It also bars acting on physical or mental examinations not directly related to the job, and refusing to hire or discharging a person when adaptive devices or aids would let them do it.
No person may retaliate or discriminate against someone for opposing a violation of the act, or for making a charge, filing a complaint, testifying, assisting, or taking part in an investigation, proceeding or hearing under it.
A person alleging a violation may bring a civil action in circuit court for an injunction, damages or both, in the county where the violation happened or where the defendant resides or has its principal place of business. Damages include reasonable attorney's fees.
Employment by a person's own parent, spouse or child is outside this section. The time limit for filing the lawsuit is set by another statute, and the complaint process at the state's civil rights department is separate; neither is covered here.
Sources for this section (6)
- MCL 37.2201 — Employment; definitions
- MCL 37.2202 — Discrimination by an employer
- MCL 37.2103 — Civil rights act; definitions, including sexual harassment
- MCL 37.2701 — Retaliation and other prohibited conduct
- MCL 37.2801 — Civil action for a violation
- MCL 37.1202 — Disability discrimination by an employer
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Michigan attorney.