Elliott-Larsen Civil Rights Act Amended to Protect LGBTQ Rights

Published March 21, 2023 in General News

On March 16, 2023, Governor Gretchen Whitmer signed Senate Bill 4 (“SB 4”), which amends and expands the Elliott-Larsen Civil Rights Act (“ELCRA”) to prohibit discrimination based on sexual orientation and gender identity or expression in employment, public accommodations and public services, educational facilities, housing and real estate.

In July 2022, the Michigan Supreme Court held in Rouch World, LLC v Department of Civil Rights, that discrimination on the basis of sexual orientation necessarily constitutes discrimination “because of … sex” within the meaning of the ELCRA. SB 4 codifies and expands those protections to now include gender identity or expression.

As amended, the ELCRA provides that “gender identity or expression” means having or being perceived as having a gender-related self-identity or expression whether or not associated with an individual’s assigned sex at birth” and “sexual orientation” means having an orientation for heterosexuality, homosexuality, or bisexuality or having a history of such an orientation or being identified with such an orientation.” The text of SB 4 can be found here.

With this amendment, employers in Michigan are now prohibited from discriminating against employees on the basis of sexual orientation or gender identity or expression. As such, employers should amend any employment policies, handbooks or other employment documents to include prohibitions on discrimination on the basis of sexual orientation or gender identity or expression. Employers should inform their managers and supervisors of the changes in the law.

Should you have any questions regarding the ELCRA amendment, contact your Kotz Sangster relationship attorney.