Michigan Expands Civil Rights Protections to Include Sexual Orientation and Gender Identity

What Changed

Michigan enacted Senate Bill 4 (Public Act 6 of 2023), amending the Elliott-Larsen Civil Rights Act (ELCRA) to explicitly include sexual orientation and gender identity or expression as protected characteristics. Prior to this amendment, Michigan's flagship civil rights law did not expressly prohibit discrimination based on these categories. Governor Gretchen Whitmer signed the bill into law on March 16, 2023.

The law defines "sexual orientation" as having an orientation for heterosexuality, homosexuality, or bisexuality, and "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.

Who Is Affected

All Michigan employers are affected. The Elliott-Larsen Civil Rights Act applies broadly to employers of all sizes operating in Michigan. This means:

• Employers must ensure their Equal Employment Opportunity (EEO) policies and anti-discrimination policies explicitly cover sexual orientation and gender identity or expression

• Hiring, firing, promotion, compensation, and other employment decisions cannot be based on these newly protected characteristics

• Existing employees are now protected from harassment or hostile work environments based on their sexual orientation or gender identity

Where It Applies

Michigan statewide. The amendment applies to all employers within the state of Michigan, including private employers, state and local government employers, and employment agencies.

When It Takes Effect

March 16, 2023 — the date Governor Whitmer signed the bill into law. Employers should already be in compliance.

Why It Matters

Michigan joins a growing number of states that have enacted explicit protections for LGBTQ+ individuals in the workplace. While the U.S. Supreme Court's 2020 decision in Bostock v. Clayton County held that Title VII's prohibition on sex discrimination encompasses sexual orientation and gender identity, having explicit state-level protections provides additional enforcement mechanisms through the Michigan Department of Civil Rights. Non-compliance can result in civil penalties, damages, and attorney's fees through complaints filed with the Michigan Department of Civil Rights or state courts.

Employers should also be aware that the ELCRA covers not just employment but also housing, public accommodations, public service, and educational facilities — meaning the expanded protections apply across multiple areas of law.

The Humareso Take

This has been a long time coming for Michigan. While the Bostock ruling provided a federal floor, having it codified in state law removes any ambiguity and gives employees a clear, direct path to enforcement through Michigan's own civil rights infrastructure. If your Michigan handbook still references only the pre-amendment protected categories, it is out of date. We recommend updating your EEO policy language now — it is a straightforward fix that signals to your workforce that you take these protections seriously.

Recommended Action Steps

1. Update your EEO and anti-discrimination policies to explicitly include sexual orientation and gender identity or expression as protected characteristics.

2. Revise your employee handbook to reflect the expanded ELCRA protections.

3. Train managers and HR staff on the new protected categories, including how to handle complaints and accommodation requests related to gender identity.

4. Review hiring and onboarding materials to ensure job postings, applications, and interview protocols align with the updated law.

5. Audit workplace practices for any policies that could inadvertently discriminate based on sexual orientation or gender identity (e.g., dress codes, restroom access).

6. Contact your Humareso representative for an updated Michigan-compliant EEO policy template and training resources.