Michigan Commission Includes Gender Identity, Sexual Orientation in Sex Discrimination

Author: Michael Cardman, XpertHR Legal Editor

June 1, 2018

The Michigan Civil Rights Commission has voted to issue an "interpretive statement" to extend protections under the state's Elliott-Larson Civil Rights Act (ELCRA) to the LGBT community. The statement clarifies that discrimination on the basis of sex includes discrimination on the basis of gender identity and sexual orientation.

In response, the Michigan Division of Civil Rights (MDCR) - which investigates and resolves discrimination complaints - announced it will begin processing complaints of sex discrimination based on sexual orientation and gender identity.

However, it remains to be seen what effect the commission's interpretation will have. Last year, Michigan's attorney general told the commission it lacks the authority to reinterpret the ELCRA and warned it would be subject to a lawsuit if it did so.

Similarly, a group of 10 Republican lawmakers claimed that the interpretive statement is not binding law. "It would not, therefore, make LGBT discrimination 'unlawful in Michigan,' would not be legally binding on employers and individuals in our state, and would not give any legal remedies to alleged victims of discrimination," they said.