On March 16, 2023 Michigan Governor Gretchen Whitmer signed 2023 MI SB 4, which expands Michigan’s Elliot-Larsen Civil Rights Act (ELCRA), to protect against types of employment discrimination based on an individual’s sexual orientation and gender identity or expression. This law becomes effective on June 14, 2023 and will apply to employers with one or more employees.

Under the new law, the following newly added protected classes, are defined as follows:

• Gender identity or expression is having or being perceived as having a gender-related self-identity or expression whether or not it’s associated with an individual’s assigned sex at birth; and
• Sexual orientation is having an orientation for heterosexuality, homosexuality, or bisexuality, or having a history of such an orientation or being identified with such an orientation.

Under these expanded protections, the ELCRA will prohibit employers from discriminating against an individual because of their religion, race, color, national origin, age, sex, sexual orientation, gender identity or expression, height, weight, or marital status. These protections apply to elements of employment including hiring, pay, and employment terms and conditions. For instance, employers cannot ask an applicant about, or require that they disclose their religion, race, color, national origin, age, sex, sexual orientation, gender identity or expression, height, weight, or marital status on an application.

Michigan employers should consider reviewing their application, hiring and compensation practices to ensure compliance with the expanded ELCRA by June 14, 2023.

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