State Law > Michigan > Michigan Employment Discrimination Law

Michigan Employment Discrimination Law

 
Persons With Disabilities Civil Rights Act
  • 37.1102. Freedom from discrimination guaranteed; Accommodation of person with a disability.
Michigan Civil Rights Act
  • 37.2201 Definitions.
  • 37.2202 Employer; prohibited practices; construction; non-applicability.
  • 37.2202a Designation of racial or ethnic classifications in writing developed by employer; transmission of information to federal agency; “writing” defined.
  • 37.2203 Employment agency; prohibited practices generally.
  • 37.2205 Employer, labor organization, or joint labor-management committee; training programs; prohibited practices.
  • 37.2205a Employer, employment agency, or labor organization; record of information regarding misdemeanor arrest, detention, or disposition; failure to recite or acknowledge information; “law enforcement agency” defined.
  • 37.2206 Employer, labor organization, or employment agency; prohibited practices.
  • 37.2207 Individual seeking employment; prohibited practices.
  • 37.2208 Application for exemption; bona fide occupational qualification.
  • 37.2210 Plan.
  • 37.2211 Different standards of compensation; different terms, conditions, or privileges of employment.
Equal Pay
  • 408.397 Discrimination based on sex.
  • 750.556 Discrimination between sexes in payment of wages.
Discrimination Against Military Service Personnel
  • 750.399. Members of state militia; Discrimination prohibited.
  • 750.32.271. Members of naval forces or military; Discrimination prohibited.

Michigan Employment Discrimination Law

Discrimination by employers is generally prohibited by the following sections of the Michigan Compiled Laws.

Persons With Disabilities Civil Rights Act

37.1102. Freedom from discrimination guaranteed; Accommodation of person with a disability.

(1) The opportunity to obtain employment, housing and other real estate and full and equal utilization of publicaccommodations, public services, and educational facilities without discrimination because of a disability is guaranteedby this act and is a civil right.

(2) Except as otherwise provided in Article 2, a person shall accommodate a person with a disability for purposesof employment, public accommodation, public service, education, or housing unless the person demonstrates thatthe accommodation would impose an undue hardship.

Michigan Civil Rights Act

37.2201 Definitions.

As used in this article:

(a) “Employer” means a person who has 1 or more employees, and includes an agent of that person.

(b) “Employment agency” means a person regularly undertaking with or without compensation to procure, refer, recruit,or place an employee for an employer or to procure, refer, recruit, or place for an employer or person the opportunityto work for an employer and includes an agent of that person.

(c) “Labor organization” includes:

(i) An organization of any kind, an agency or employee representation committee, group, association, or planin which employees participate and which exists for the purpose, in whole or in part, of dealing with employersconcerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment.

(ii) A conference, general committee, joint or system board, or joint council which is subordinate to a nationalor international labor organization.

(iii) An agent of a labor organization.

(d) “Sex” includes, but is not limited to, pregnancy, childbirth, or a medical condition related to pregnancyor childbirth that does not include nontherapeutic abortion not intended to save the life of the mother.

37.2202 Employer; prohibited practices; construction; nonapplicability.


(1) An employer shall not do any of the following:

(a) Fail or refuse to hire or recruit, discharge, or otherwise discriminate against an individual with respect to employment, compensation, or a term, condition, or privilege of employment, because of religion, race, color, national origin, age, sex, height, weight, or marital status.

(b) Limit, segregate, or classify an employee or applicant for employment in a way that deprives or tends to deprive the employee or applicant of an employment opportunity, or otherwise adversely affects the status of an employee or applicant because of religion, race, color, national origin, age, sex, height, weight, or marital status.

(c) Segregate, classify, or otherwise discriminate against a person on the basis of sex with respect to a term, condition, or privilege of employment, including, but not limited to, a benefit plan or system.

(d) Treat an individual affected by pregnancy, childbirth, or a related medical condition differently for any employment-related purpose from another individual who is not so affected but similar in ability or inability to work, without regard to the source of any condition affecting the other individual’s ability or inability to work. For purposes of this subdivision, a medical condition related to pregnancy or childbirth does not include nontherapeutic abortion not intended to save the life of the mother.

(2) This section does not prohibit the establishment or implementation of a bona fide retirement policy or system that is not a subterfuge to evade the purposes of this section.

(3) This section does not apply to the employment of an individual by his or her parent, spouse, or child.


37.2202a Designation of racial or ethnic classifications in writing developed by employer; transmission ofinformation to federal agency; “writing” defined.

(1) An employer shall do both of the following if that employer lists racial or ethnic classifications in awriting developed or printed 90 or more days after the effective date of this section, and if that employer requeststhat an individual select a classification to designate his or her race or ethnicity:

(a) Include in the writing the term “multiracial” as a classification, and a definition of that term that substantiallyprovides that “multiracial” means having parents of different races.

(b) Exclude from the writing the term “other” as a classification.

(2) If a federal agency requires an employer to transmit information obtained from an individual pursuant toa writing described in subsection (1), but rejects the classification “multiracial”, the employer shall redesignatethe individuals identified as multiracial by allocating those individuals to racial or ethnic classifications approvedby the federal agency in the same ratio that those classifications occur within the general population of the groupfrom which the information was solicited.

(3) As used in this section, “writing” means that term as defined in section 2 of the freedom of information act,Act No. 442 of the Public Acts of 1976, being section 15.232 of the Michigan Compiled Laws.

37.2203 Employment agency; prohibited practices generally.

An employment agency shall not fail or refuse to procure, refer, recruit, or place for employment, or otherwisediscriminate against, an individual because of religion, race, color, national origin, age, sex, height, weight,or marital status; or classify or refer for employment an individual on the basis of religion, race, color, nationalorigin, age, sex, height, weight, or marital status.

37.2204 Labor organization; prohibited practices generally.

A labor organization shall not:

(a) Exclude or expel from membership, or otherwise discriminate against, a member or applicant for membershipbecause of religion, race, color, national origin, age, sex, height, weight, or marital status.

(b) Limit, segregate, or classify membership or applicants for membership, or classify or fail or refuse to referfor employment an individual in a way which would deprive or tend to deprive that individual of an employment opportunity,or which would limit an employment opportunity, or which would adversely affect wages, hours, or employment conditions,or otherwise adversely affect the status of an employee or an applicant for employment, because of religion, race,color, national origin, age, sex, height, weight, or marital status.

(c) Cause or attempt to cause an employer to violate this article.

(d) Fail to fairly and adequately represent a member in a grievance process because of religion, race, color, nationalorigin, age, sex, height, weight, or marital status.

37.2205 Employer, labor organization, or joint labor-management committee; training programs; prohibitedpractices.
Sec. 205. An employer, labor organization, or joint labor-management committee controlling an apprenticeship,on the job, or other training or retraining program, shall not discriminate against an individual because of religion,race, color, national origin, age, sex, height, weight, or marital status, in admission to, or employment or continuationin, a program established to provide apprenticeship on the job, or other training or retraining.

37.2205a Employer, employment agency, or labor organization; record of information regarding misdemeanor arrest,detention, or disposition; failure to recite or acknowledge information; “law enforcement agency” defined.
Sec. 205a.

(1) An employer, employment agency, or labor organization, other than a law enforcement agency of this stateor a political subdivision of this state, shall 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 maintaina record of information regarding a misdemeanor arrest, detention, or disposition where a conviction did not result.A person is not guilty of perjury or otherwise for giving a false statement by failing to recite or acknowledgeinformation the person has a civil right to withhold by this section. This section does not apply to informationrelative to a felony charge before conviction or dismissal.
(2) As used in this section, “law enforcement agency” includes the state department of corrections.

37.2206 Employer, labor organization, or employment agency; prohibited practices.
Sec. 206.

(1) An employer, labor organization, or employment agency shall not print, circulate, post, mail, or otherwisecause to be published a statement, advertisement, notice, or sign relating to employment by the employer, or relatingto membership in or a classification or referral for employment by the labor organization, or relating to a classificationor referral for employment by the employment agency, which indicates a preference, limitation, specification, ordiscrimination, based on religion, race, color, national origin, age, sex, height, weight, or marital status.

(2) Except as permitted by rules promulgated by the commission or by applicable federal law, an employer or employmentagency shall not:

(a) Make or use a written or oral inquiry or form of application that elicits or attempts to elicit informationconcerning the religion, race, color, national origin, age, sex, height, weight, or marital status of a prospectiveemployee.

(b) Make or keep a record of information described in subdivision (a) or to disclose that information.

(c) Make or use a written or oral inquiry or form of application that expresses a preference, limitation, specification,or discrimination based on religion, race, color, national origin, age, sex, height, weight, or marital statusof a prospective employee.

37.2207 Individual seeking employment; prohibited practices.

An individual seeking employment shall not publish or cause to be published a notice or advertisement that specifiesor indicates the individual's religion, race, color, national origin, age, sex, height, weight, or marital status,or expresses a preference, specification, limitation, or discrimination as to the religion, race, color, nationalorigin, age, height, weight, sex, or marital status of a prospective employer.

37.2208 Application for exemption; bona fide occupational qualification.

A person subject to this article may apply to the commission for an exemption on the basis that religion, nationalorigin, age, height, weight, or sex is a bona fide occupational qualification reasonably necessary to the normaloperation of the business or enterprise. Upon sufficient showing, the commission may grant an exemption to theappropriate section of this article. An employer may have a bona fide occupational qualification on the basis ofreligion, national origin, sex, age, or marital status, height and weight without obtaining prior exemption fromthe commission, provided that an employer who does not obtain an exemption shall have the burden of establishingthat the qualification is reasonably necessary to the normal operation of the business.

37.2209 Covenants.

A contract to which the state, a political subdivision, or an agency thereof is a party shall contain a covenantby the contractor and his subcontractors not to discriminate against an employee or applicant for employment withrespect to hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly relatedto employment, because of race, color, religion, national origin, age, sex, height, weight, or marital status.Breach of this covenant may be regarded as a material breach of the contract.

37.2210 Plan.

A person subject to this article may adopt and carry out a plan to eliminate present effects of past discriminatorypractices or assure equal opportunity with respect to religion, race, color, national origin, or sex if the planis filed with the commission under rules of the commission and the commission approves the plan.

37.2211 Different standards of compensation; different terms, conditions, or privileges of employment.

Notwithstanding any other provision of this article, it shall not be an unlawful employment practice for anemployer to apply different standards of compensation, or different terms, conditions or privileges of employmentpursuant to a bona fide seniority or merit system.

37.2603 Complaint; petition for temporary relief or restraining order; notice of pendency of action.

At any time after a complaint is filed, the department may file a petition in the circuit court for the countyin which the subject of the complaint occurs, or for the county in which a respondent resides or transacts business,seeking appropriate temporary relief against the respondent, pending final determination of proceedings under thissection, including an order or decree restraining the respondent from doing or procuring an act tending to renderineffectual an order the commission may enter with respect to the complaint. If the complaint alleges a violationof article 5, upon the filing of the petition the department shall file for the record a notice of pendency ofthe action. The court may grant temporary relief or a restraining order as it deems just and proper, but the reliefor order shall not extend beyond 5 days except by consent of the respondent, or after hearing upon notice to therespondent and a finding by the court that there is reasonable cause to believe that the respondent has engagedin a discriminatory practice.

37.2606 Appeals.

(1) A complainant and a respondent shall have a right of appeal from a final order of the commission, includingcease and desist orders and refusals to issue charges, before the circuit court for the county of Ingham, or thecircuit court for the county in which the alleged violation occurred or where the person against whom the complaintis filed, resides, or has his or her principal place of business. An appeal before the circuit court shall be reviewedde novo. If an appeal is not taken within 30 days after the service of an appealable order of the commission, thecommission may obtain a decree for the enforcement of the order from the circuit court which has jurisdiction ofthe appeal. If the appellant files for appeal in the circuit court for the county of Ingham, the appellee, uponapplication, shall be granted a change of venue to hear the matter on appeal in the circuit court for the countyin which the alleged violation occurred or where the person against whom the complaint is filed, resides, or hashis or her principal place of business or where the claimant resides.

(2) A proceeding for review or enforcement of an appealable order is initiated by filing a petition in the circuitcourt. Copies of the petition shall be served upon the parties of record. Within 30 days after the service of thepetition upon the commission or filing of the petition by the commission, or within further time as the court mayallow, the commission shall transmit to the court the original or a certified copy of the entire record upon whichthe order is based, including a transcript of the testimony, which need not be printed. By stipulation of the partiesto the review proceeding, the record may be shortened. The court may grant temporary relief as it considers just,or enter an order enforcing, modifying and enforcing as modified, or setting aside in whole or in part the orderof the commission, or may remand the case to the commission for further proceedings. The commission's copy of thetestimony shall be available at reasonable times to all parties for examination without cost.

(3) The final judgment or decree of the circuit court shall be subject to review by appeal in the same manner andform as other appeals from that court.

(4) A proceeding under this section shall be initiated not more than 30 days after a copy of the order of the commissionis received, unless the commission is the petitioner or the petition is filed under subsection (3). If a proceedingis not so initiated, the commission may obtain a court order for enforcement of its order upon showing that a copyof the petition for enforcement was served on the respondent, that the respondent is subject to the jurisdictionof the court, that the order sought to be enforced is an order of the commission, regularly entered, and that thecommission has jurisdiction over the subject matter and the respondent.

Equal Pay

408.397 Discrimination based on sex.

(1) An employer having employees subject to the provisions of this act shall not discriminate between employeeswithin an establishment on the basis of sex by paying wages to employees in the establishment at a rate less thanthe rate at which he pays wages to employees of the opposite sex in the establishment for equal work on jobs, theperformance of which requires equal skill, effort and responsibility and which are performed under similar workingconditions, except where the payment is made pursuant to

(a) a seniority system;

(b) a merit system;

(c) a system which measures earnings by quantity or quality of production; (d) a differential based on a factorother than sex.

(2) An employer who is paying a wage differential in violation of this section shall not reduce the wage rateof an employee in order to comply with the provisions of this section.

(3) For purposes of administration and enforcement, any amounts owing to an employee which have been withheld inviolation of this section shall be deemed to be unpaid minimum wages under this act.

750.556 Discrimination between sexes in payment of wages.

Any employer of labor in this state, employing both males and females, who shall discriminate in any way inthe payment of wages as between sexes who are similarly employed, shall be guilty of a misdemeanor. No female shallbe assigned any task disproportionate to her strength, nor shall she be employed in any place detrimental to hermorals, her health or her potential capacity for motherhood. Any difference in wage rates based upon a factor otherthan sex shall not violate this section.

Discrimination Against Military Service Personnel

Sec. 750.399. Members of state militia; Discrimination prohibited.

Any association or corporation constituted or organized for the purpose of promoting the success of any trade,employment or business of the members thereof and any association whose membership is confined to persons of aparticular race, which shall, by any constitution, rules, by-law, regulation, vote or resolution discriminate againstany member of the organized militia of this state in respect to the eligibility of the officer or soldier to membershipin such association or corporation, or in respect to his right to retain his membership in such association orcorporation, and any person who shall aid in enforcing such provision against any officer or soldier of the organizedmilitia of this state with intent to discriminate against such member on account of his membership, shall be guiltyof a misd

Chapter 750 Sec. 32.271. Members of naval forces or military; Discrimination prohibited.

No person shall discriminate against any officer or enlisted man of the military or naval forces of the stateor of the United States because of his membership therein.

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