As It Stands

This June marks ten years since the U.S. Supreme Court’s Obergefell v. Hodges decision, which required states to recognize same-sex marriages. Since 2015, Michigan law has expanded to include additional protections for LGBTQ+ individuals. It is particularly important for Michigan employers to understand these legal protections.

On a state level, Michigan’s Elliot Larsen Civil Rights Act (ELCRA) prohibits discrimination on the basis of “religion, race, color, national origin, age, sex, height, weight, familial status, or marital status” in employment, housing, education, and access to public accommodations. In 2023, Governor Whitmer signed an ELCRA amendment reaffirming existing legal protections for sexual orientation and expanding coverage to include gender identity and expression. ELCRA requires employers to treat all workers fairly. Many employers have anti-discrimination policies to ensure that their workplace reinforces equal treatment. These policies are often found in the employee handbook. The Michigan Department of Civil Rights and the Equal Employment Opportunity Commission field complaints from individuals who believe they have been discriminated against.

Federal protections for LGBTQ+ individuals are found in Title VII of the Civil Rights Act. In 2020, the U. S. Supreme Court issued their decision in Bostock v. Clayton County, confirming that gender identity/expression, and sexual orientation discrimination are unlawful under Title VII. However, recently issued executive orders from President Donald Trump define sex as strictly male or female. Additionally, the EEOC has issued guidance indicating that the Commission will “defend the biological and binary reality of sex and related rights."

The attorneys of Wright Beamer can assist with ensuring compliance in the workplace. Please call 248.477.6300 for further guidance.