Discrimination - Other - Michigan

Summary of differences between federal and state regulations

The federally protected classes in employment discrimination include race, color, religion, national origin, age (40 and over), sex (including pregnancy, sexual orientation, and gender identity), disability, and genetic information.

The Michigan unlawful discrimination law identifies the following protected classes for purposes of employment discrimination:

• Religion,
• Race (includes traits historically associated with race, including, but not limited to, hair texture and protective hairstyles; “Protective hairstyles” includes, but is not limited to, such hairstyles as braids, locks, and twists),
• Color,
• National origin (includes the national origin of an ancestor),
• Age,
• Sex (includes sexual harassment),
• Sexual orientation (having an orientation for heterosexuality, homosexuality, or bisexuality or having a history of such an orientation or being identified with such an orientation),
• Gender identity or expression (having or being perceived to have a gender-related self-identity or expression whether or not associated with an individual’s assigned sex at birth),
• Height,
• Weight,
• Marital status,
• Pregnancy (including childbirth, termination of pregnancy, or related medical condition),
• Criminal record (misdemeanor arrest, detention, or disposition where a conviction did not result), and
• Disability or genetic information (not related to the individual's ability to perform the duties of a particular job or position).

The law applies to employers or their agent with one or more employees.

Crown Act

On June 15, 2023, Michigan’s enacted Senate Bill 90, which amended the Elliott-Larsen Civil Rights Act to prohibit racial discrimination at school, work, and elsewhere based on traits historically associated with race, such as hair texture and protective hairstyles such as braids, locks, and twists.

Under the Crown Act, the term “race" is inclusive of traits historically associated with race, including, but not limited to, hair texture and protective hairstyles. For purposes of the definition of "race", "protective hairstyles" includes, but is not limited to, such hairstyles as braids, locks, and twists.

Height, weight, and marital status

The unlawful employment practices and exemptions for height, weight, and marital status are the same as those for other protected classes (race, color, national origin, age, sex, and so on). For example, the state law prohibits discrimination in hiring or other privileges of employment, and allows for bona fide occupational qualifications. The state also prohibits advertising on the basis of height, weight, and marital status in addition to the other protected classes.

Genetic information

The unlawful employment practices regarding genetic information are included with the statutes on disability discrimination.

“Genetic information” means information about a gene, gene product, or inherited characteristic of an individual derived from the individual’s family history or a genetic test.

“Genetic test” means the analysis of human DNA, RNA, chromosomes, and those proteins and metabolites used to detect heritable or somatic disease-related genotypes or karyotypes for clinical purposes. A genetic test must be generally accepted in the scientific and medical communities as being specifically determinative for the presence, absence, or mutation of a gene or chromosome in order to qualify under this definition. Genetic test does not include a routine physical examination or a routine analysis including, but not limited to, a chemical analysis of body fluids unless conducted specifically to determine the presence, absence, or mutation of a gene or chromosome.

Except as otherwise required by federal law, an employer must not:

• Fail or refuse to hire, recruit, or promote an individual because of genetic information that is unrelated to the individual’s ability to perform the duties of a particular job or position.
• Discharge or otherwise discriminate against an individual with respect to compensation or the terms, conditions, or privileges of employment, because of genetic information that is unrelated to the individual’s ability to perform the duties of a particular job or position.
• Limit, segregate, or classify an employee or applicant for employment in a way which deprives or tends to deprive an individual of employment opportunities or otherwise adversely affects the status of an employee because of genetic information that is unrelated to the individual’s ability to perform the duties of a particular job or position.
• Fail or refuse to hire, recruit, or promote an individual on the basis of physical or mental examinations that are not directly related to the requirements of the specific job.
• Discharge or take other discriminatory action against an individual on the basis of physical or mental examinations that are not directly related to the requirements of the specific job.
• Require an individual to submit to a genetic test or to provide genetic information as a condition of employment or promotion.

The law does not prohibit an individual from voluntarily providing to an employer genetic information that is related to the employee’s health or safety in the workplace, nor prohibit an employer from using genetic information received from an employee to protect the employee’s health or safety. Except as otherwise provided, no employer may directly or indirectly acquire or have access to any genetic information concerning an employee or applicant for employment, or a member of the employee’s or applicant’s family.

Arrest records

An employer, employment agency, or labor organization, other than a law enforcement agency or a political subdivision of the state, must not in connection with an application for employment or membership, or in connection with the terms, conditions, or privileges of employment or membership request, make, or maintain a record of information regarding a misdemeanor arrest, detention, or disposition where a conviction did not result. This does not apply to information relative to a felony charge before conviction or dismissal.

State

Related information

Protected classes ezExplanation

Contact

Department of Civil Rights

RegulationsElliott-Larsen Civil Rights Act, Act 453 of 1976 Persons with Disabilities Civil Rights Act, Act 220 of 1976

MCLS § 37.2202 Employer; prohibited practices; exceptions

MCLS § 37.2201 Definitions

MCLS § 37.2102 Recognition and declaration of civil right; action arising out of discrimination based on sex or familial status

MCLS § 37.2103(j) Definitions of "race" and "protective hairstyles" under Crown Act

MCLS § 37.2205a Record of information regarding misdemeanor arrest, detention, or disposition

MCLS § 37.1202 Employer; prohibited conduct; exceptions; access to genetic information

SB 90 Crown Act

Federal

Contact

Equal Employment Opportunity Commission (EEOC)

Regulations

See applicable discrimination topic.