Michigan Employees: End Workplace Sexual Harassment

Your Right to a Harassment-Free Workplace

Under ELCRA, employers may not discriminate because of sex, and sexual harassment is expressly prohibited. See MCL 37.2202(1) and the statute’s definition of sexual harassment at MCL 37.2103(i). These protections apply in Michigan workplaces and cover job applicants and employees.

What Sexual Harassment Looks Like

Sexual harassment can take many forms. Examples include:

• Unwanted sexual advances or requests for sexual favors
• Lewd comments, jokes, or messages (including by email, text, or chat)
• Display or circulation of sexual images
• Stalking, groping, or other unwanted touching
• Any conduct or communication of a sexual nature that substantially interferes with work or creates an intimidating, hostile, or offensive environment

Harassment can come from supervisors, coworkers, customers, vendors, or others in the workplace. See MCL 37.2103(i).

Quid Pro Quo vs. Hostile Work Environment

Quid pro quo harassment occurs when job benefits (like hiring, pay, scheduling, or promotion) are conditioned on submitting to sexual conduct—or when rejecting such conduct results in adverse action. A hostile work environment involves unwelcome sexual conduct that substantially interferes with work or creates an intimidating, hostile, or offensive environment. Both concepts are reflected in MCL 37.2103(i). Depending on severity and impact, a single severe incident may be enough; a pattern can also qualify.

Retaliation Is Illegal

It is unlawful to retaliate against someone for reporting harassment, participating in an investigation, or opposing discriminatory practices. Retaliation can include termination, demotion, reduced hours, undesirable assignments, or other adverse actions taken because you exercised your rights. See MCL 37.2701(a).

What To Do If You’re Harassed

• Document everything: dates, times, locations, names, what was said or done, witnesses, and how it affected your work.
• Save evidence: emails, texts, chat messages, social media posts, photos, voicemails, and notes.
• Follow internal policies: if safe to do so, report through your employer’s harassment or complaint channels.
• Seek support: consider speaking with HR, a trusted supervisor, or an employment attorney to protect your rights and reduce risk of retaliation.
• Consider external reporting: you can file a civil rights complaint with the Michigan Department of Civil Rights (MDCR). Federal options (e.g., with the EEOC) may also be available depending on your situation.

If you feel unsafe or are in immediate danger, contact local law enforcement.

Filing a Complaint in Michigan

The MDCR investigates sexual harassment complaints under ELCRA. The process typically includes intake, jurisdictional review, investigation, and efforts to resolve claims (such as conciliation). MDCR filing deadlines are strict—MDCR generally requires complaints to be filed within 180 days of the discriminatory act. See MDCR: File a Complaint. Federal Title VII charges with the EEOC in Michigan are typically due within 300 days. See the EEOC’s guidance on time limits: EEOC time limits. You may also have the option to file a lawsuit in court without filing with MDCR first; court deadlines vary—talk with an attorney promptly to understand your timelines.

Potential Remedies

Depending on the facts and forum, remedies may include reinstatement, back pay, front pay, compensatory damages for emotional distress, policy changes, training, and other equitable relief. In appropriate cases, courts may award reasonable attorney’s fees and costs to a prevailing complainant. See MCL 37.2802. Available remedies depend on the evidence and where the claim is filed.

How Employers Should Respond

Employers should maintain clear anti-harassment policies, provide multiple reporting avenues, train employees and managers, investigate promptly and impartially, take effective corrective action, and protect complainants and witnesses from retaliation. Failure to respond appropriately can lead to legal liability.

Why Speak With a Lawyer Now

An employment attorney can help you evaluate options, preserve evidence, meet filing requirements, engage with MDCR or the EEOC, and pursue settlement or litigation when appropriate. Early legal guidance helps protect your job, your case, and your well-being.

FAQ

Do I have to complain to HR first?

Often yes, if it is safe. Using internal procedures can strengthen your case and prompt a remedy. If you’re unsafe or the process is compromised, speak with an attorney about external options.

Can one incident be enough?

Yes. A single severe incident can create a hostile work environment under ELCRA. Patterns of less severe conduct can also qualify.

What if the harasser is a customer or vendor?

Employers still must take reasonable steps to prevent and correct harassment by non-employees when they know or should know about it.

Will I get in trouble for reporting?

Retaliation for reporting or participating in an investigation is illegal under MCL 37.2701. Document any adverse actions and seek legal advice promptly.

Ready to talk? Contact us for a confidential consultation.

Key Legal Sources

• Elliott-Larsen Civil Rights Act (Act 453 of 1976)
• MCL 37.2202 (employment discrimination)
• MCL 37.2103(i) (definition of sexual harassment)
• MCL 37.2701(a) (anti-retaliation)
• MCL 37.2802 (attorney’s fees and costs)
• MDCR – File a Complaint
• EEOC – Time Limits to File a Charge