Stop Michigan Workplace Discrimination: Racial and Pregnancy Protections You Should Know
Michigan’s Elliott-Larsen Civil Rights Act (ELCRA) bars employment discrimination based on race and sex (including pregnancy). Federal law—the Pregnant Workers Fairness Act (PWFA)—requires reasonable accommodations for pregnancy-related limitations for most employers. Below: what illegal conduct looks like, how to document and report it, and how to file with the Michigan Department of Civil Rights (MDCR).
Your Rights Under Michigan Law
ELCRA makes it unlawful for employers to discriminate in hiring, compensation, terms, conditions, or privileges of employment because of race, color, national origin, or sex. See MCL 37.2202. ELCRA also defines sex to include pregnancy, childbirth, or a related medical condition. See MCL 37.2201.
This means an employer may not treat you unfavorably in hiring, pay, scheduling, promotions, benefits, or termination because of your race or because you are pregnant, have been pregnant, or may become pregnant.
What Racial Discrimination Can Look Like
- Refusing to hire or promote qualified employees because of race, or applying rules more harshly to certain racial groups.
- Racial slurs, stereotypes, or offensive imagery that create a hostile work environment.
- Assigning worse shifts, routes, or territories based on race.
Once an employer knows or should know about racial harassment—whether by coworkers, supervisors, or customers—it must take prompt, appropriate action under ELCRA.
Pregnancy Discrimination and Accommodations
Under ELCRA, employers cannot make job decisions because of pregnancy, childbirth, or related medical conditions. See MCL 37.2201 and MCL 37.2202.
Under the federal Pregnant Workers Fairness Act, most employers with 15 or more employees must provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions, unless doing so would impose an undue hardship. Employers may not require you to take leave if another effective accommodation would allow you to keep working. See the EEOC’s PWFA guidance.
- Common accommodations include extra restroom or water breaks, a stool for sitting, temporary lifting limits, flexible scheduling for medical appointments, light duty or modified tasks, or a temporary transfer if available.
Retaliation Is Also Illegal
ELCRA prohibits retaliation against a person for reporting or opposing discrimination, filing a charge, or participating in a discrimination proceeding. See MCL 37.2701. Federal law likewise prohibits retaliation for requesting or using pregnancy-related accommodations under the PWFA. See the EEOC’s PWFA guidance.
Retaliation can include discipline, demotion, cut hours, undesirable shifts, or termination tied to your protected activity.
Steps to Take If You Experience Discrimination
- Document events: dates, times, what happened, who was present, and keep emails, texts, performance reviews, and policies.
- Review company policies and use internal complaint procedures. Report concerns in writing to HR or management; keep copies.
- For pregnancy-related needs, get medical documentation describing any work limitations and suggested accommodations.
- Consult an employment attorney early to evaluate your options, preserve evidence, and plan next steps.
- Consider filing a complaint with the Michigan Department of Civil Rights (MDCR). See MDCR: File a Complaint.
Practical Tips
- Communicate in writing when requesting accommodations; state your limitation and the specific change you need.
- Keep a running timeline and save screenshots of schedules, messages, and performance metrics.
- If safe, witness-check: ask a coworker who observed conduct to confirm it in an email or note.
Quick Checklist
- Write down what happened (who, what, when, where).
- Gather documents (emails, texts, policies, reviews).
- Report internally per policy and keep copies.
- Request reasonable accommodations if pregnancy-related.
- Mark your deadlines to file with MDCR or EEOC.
- Speak with an employment attorney.
Filing a Complaint with the Michigan Department of Civil Rights
The MDCR accepts and investigates complaints of unlawful employment discrimination under state law. You can start the process online, by phone, or by contacting a regional office. See MDCR and MDCR: File a Complaint. Deadlines can be short—act promptly to avoid missing any filing windows.
How Employers Should Respond
- Maintain clear anti-discrimination and anti-harassment policies and train supervisors and staff.
- Provide accessible reporting channels; investigate complaints promptly and impartially; take corrective action.
- Engage in a timely, good-faith interactive process to provide reasonable pregnancy-related accommodations where required.
- Ensure no retaliation against anyone who reports discrimination or requests an accommodation.
FAQ
Does ELCRA protect against discrimination by small employers?
ELCRA generally applies to employers with one or more employees. Federal laws may have different size thresholds.
Do I need a doctor’s note for a pregnancy accommodation?
Often yes. A brief note describing your limitation and suggested accommodations helps start the interactive process.
Can my employer force me to take unpaid leave instead of accommodating me?
No, not if a reasonable accommodation would let you keep working without undue hardship on the employer.
How fast should I file with MDCR?
File as soon as possible. Deadlines are strict, and waiting can weaken your case.
How an Attorney Can Help
An employment lawyer can assess potential ELCRA violations, advise on accommodation requests, communicate with your employer, prepare MDCR filings, negotiate resolutions, or, if necessary, file suit. Early legal advice helps protect your rights and strengthen your claim.
Need guidance now? Contact us for a consultation.