Michigan Employment Law

The Elliott-Larsen Civil Rights Act is Michigan's primary anti-discrimination statute, covering employers with one or more employees. The Act prohibits discrimination based on religion, race, color, national origin, age, sex, height, weight, familial status, and marital status. Michigan is unique in providing protections for height and weight discrimination. Following a 2023 amendment (and prior court interpretations), the Act now explicitly includes sexual orientation and gender identity as protected classes. Complaints must be filed within 180 days with the Michigan Department of Civil Rights.

The Michigan Persons with Disabilities Civil Rights Act prohibits discrimination against individuals with disabilities in employment, housing, public accommodations, and public services. The Act requires employers to provide reasonable accommodations for employees with disabilities unless doing so would create an undue hardship. It covers all employers with one or more employees, providing broader coverage than the federal ADA which requires 15 employees.

The Michigan Whistleblowers' Protection Act protects employees who report or are about to report suspected violations of law, regulation, or rule to a public body. The Act also protects employees who are asked by a public body to participate in an investigation, hearing, or inquiry, as well as employees who refuse to participate in an activity that they reasonably believe violates the law. The Act covers all employers regardless of size.

Grants employees the right to review and copy their personnel records, restricts employer collection of off-duty conduct information, and prohibits use of unrecorded "secret" personnel information in disciplinary proceedings.

State-plan OSHA equivalent prohibiting retaliation against employees who file safety complaints, participate in inspections, or refuse imminently dangerous work. Michigan operates an OSHA-approved state plan.

Requires timely payment of all wages and fringe benefits owed (including accrued vacation if employer policy provides). Employers must pay departing employees by next regular payday. Prohibits unauthorized deductions from wages.

Prohibits discharge or discrimination against employees for filing or asserting workers' compensation claim. Recognized as exception to at-will employment under Sventko v. Kroger.

Detroit's Human Rights Ordinance prohibits employment discrimination and includes sexual orientation and gender identity protections not explicitly covered by Michigan's Elliott-Larsen Civil Rights Act (prior to its 2023 amendment). Covers all employers with 1 or more employees.