Michigan amends nondiscrimination law

Michigan has enacted legislation (Senate Bill 4) that will amend the Elliott-Larsen Civil Rights Act (ELCRA) to expressly prohibit discrimination in employment based on sexual orientation or gender identity or expression. Senate Bill 4 takes effect June 14, 2023.

The details

By way of background, the Michigan Supreme Court ruled in 2022 that the ELCRA’s prohibition on sex discrimination includes discrimination based on sexual orientation and gender identity.

Senate Bill 4 amends the ELCRA to codify the ruling and expressly prohibit all employers in Michigan from the following based on an individual’s sexual orientation or gender identity or expression:

• Refusing or failing to hire or recruit an individual.
• Firing an individual.
• Otherwise discriminating against an individual regarding employment, compensation, or a term, condition or privilege of employment.
• Limiting, segregating or classifying an employee or applicant for employment in a way that deprives them of an employment opportunity.

Senate Bill 4 defines “gender identity or expression” as 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.

Note: In 2020, the U.S. Supreme Court ruled that federal law, which covers employers with 15 or more employees, already prohibits such discrimination.

Next steps

• Review policies and practices to ensure compliance with the law.
• Train supervisors and others involved in making employment decisions on the law.

Please contact your ADP Service Representative with any questions.