Stop Sexual Orientation Discrimination at Work in Michigan
Michigan’s Elliott-Larsen Civil Rights Act (ELCRA) expressly prohibits employment discrimination and harassment based on sexual orientation. If you experience discrimination, document it, follow your employer’s reporting procedures, and consider filing with the Michigan Department of Civil Rights (MDCR) and/or the EEOC. Strict deadlines may apply. Contact us for a confidential consultation.
Michigan Law Now Explicitly Protects Sexual Orientation
Michigan’s ELCRA makes it unlawful for employers to discriminate based on sexual orientation in hiring, firing, pay, promotions, job assignments, training, or other terms and conditions of employment. Harassment that creates a hostile work environment because of sexual orientation is also prohibited. See the Elliott-Larsen Civil Rights Act and MDCR guidance (MDCR FAQ).
What Sexual Orientation Discrimination Can Look Like
- Denying a job, promotion, or training because an employee is gay, lesbian, or bisexual
- Paying someone less or assigning less favorable shifts for the same reason
- Harassment, slurs, or repeated derogatory comments about a person’s sexual orientation
- Unequal enforcement of policies or benefits based on sexual orientation
- Retaliation for reporting or opposing discrimination or participating in an investigation
Who Is Covered
ELCRA generally covers most Michigan employers, including private employers, state and local governments, employment agencies, and labor organizations. Michigan’s definition of “employer” is broad (covering entities with one or more employees), but limited exceptions may apply, such as for certain religious organizations. Independent contractor, volunteer, and very small-employer situations can be complex; review the law and consult counsel about your facts. See ELCRA and MDCR FAQ.
Your Immediate Steps if You Experience Discrimination
- Write down what happened: dates, times, locations, witnesses, and exact words/actions
- Preserve evidence: emails, messages, performance reviews, policies, schedules
- Follow internal reporting procedures: check your handbook, HR portal, or supervisor chain
- Avoid self-help that violates policies (e.g., deleting company data); use lawful complaint channels
- Seek legal advice early to understand options and timing requirements
Filing a Complaint with the Michigan Department of Civil Rights (MDCR)
You can file a discrimination complaint with MDCR, which investigates ELCRA complaints and can seek remedies such as policy changes, back pay, and other relief where appropriate. You can start online, by phone, mail, or in person. MDCR also accepts retaliation complaints. See MDCR: File a Complaint and MDCR FAQ.
Important: Procedural rules and deadlines apply. MDCR guidance notes short filing windows in many cases; check current requirements on the MDCR site and act promptly.
Federal Protection Also Applies
Title VII of the Civil Rights Act of 1964 prohibits discrimination “because of sex.” The U.S. Supreme Court has held this includes sexual orientation. See Bostock v. Clayton County and EEOC: Sex-Based Discrimination. You may be able to file with the Equal Employment Opportunity Commission (EEOC). In many cases, filing with one agency may be treated as filed with the other through work-sharing, but procedures and timing can differ. See EEOC filing timelines (EEOC: Time Limits) and MDCR information (MDCR FAQ).
Potential Remedies
Depending on the forum and facts, remedies can include back pay, front pay, compensatory damages, reinstatement or placement, changes to policies, training, and attorney’s fees. Settlement is also common. Specific remedies and damages limits vary by agency and court. See MDCR and EEOC guidance.
Avoid Retaliation—and Document It If It Happens
It is unlawful for an employer to retaliate against you for reporting or opposing discrimination or participating in a related investigation or hearing. Retaliation can include terminations, demotions, reduced hours, undesirable assignments, or threats. Document any retaliatory acts promptly and report them through appropriate channels. See EEOC: Retaliation and ELCRA.
Practical Tips
- Keep a dedicated log (paper or secure personal device) and update it the same day incidents occur.
- Use exact quotes and save screenshots to preserve context.
- If safe, ask witnesses to confirm events in writing.
- Submit complaints in writing and request written acknowledgment.
- Do not use personal recordings if doing so would violate law or policy; ask a lawyer first.
Quick Checklist
- Identify policies and handbooks that apply
- Collect key documents and messages
- Report through HR or designated channels
- Note any changes to hours, pay, or duties after reporting
- Calendar MDCR/EEOC deadlines
- Consult a Michigan employment attorney
How Our Firm Can Help
We assess your situation, preserve evidence, communicate with your employer, and prepare filings with MDCR or EEOC as appropriate. We seek early resolution where possible and litigate when necessary. Early legal guidance helps protect your rights and meet all procedural requirements. Contact us to discuss your options.
FAQ
How long do I have to file a charge?
Deadlines can be short and vary by agency and facts. Check current MDCR and EEOC time limits and act promptly.
Do I need to quit to bring a claim?
No. You can pursue complaints while employed. Do not resign without legal advice, as it may affect claims and remedies.
What if my employer says it is a performance issue?
Document your performance, gather evaluations, and note any inconsistent application of standards. Discrimination can exist even if an employer cites performance as a pretext.
Are small employers covered?
ELCRA generally applies broadly in Michigan, but specific exceptions may apply. Discuss your situation with counsel.
Can I recover my attorney’s fees?
Fee recovery may be available under certain statutes and orders. Availability depends on the forum and outcome.
Will my complaint be confidential?
Agencies limit disclosure, but employers typically learn of complaints during investigations. Ask about confidentiality options.
Can I file with both MDCR and EEOC?
Often a filing with one can be cross-filed with the other through work-sharing, but procedures and timelines differ. Confirm with the agency or your attorney.
What should I bring to a consultation?
Bring your timeline, relevant emails or messages, policies, job descriptions, evaluations, and names of witnesses.
Sources
- Michigan Legislature — Elliott-Larsen Civil Rights Act (Act 453 of 1976)
- Michigan Department of Civil Rights — FAQ
- Michigan Department of Civil Rights — File a Complaint
- U.S. Supreme Court — Bostock v. Clayton County
- EEOC — Sex-Based Discrimination
- EEOC — Retaliation
- EEOC — Time Limits for Filing a Charge
Michigan-specific disclaimer
This post is for general informational purposes about Michigan law and federal law as applied in Michigan. It is not legal advice, and reading it does not create an attorney-client relationship. Laws and deadlines can change and depend on your specific facts. Consult a Michigan-licensed attorney about your situation.