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Michigan Expands Antidiscrimination Protections

As of February 13, 2024, Michigan has expanded its antidiscrimination law to prohibit discrimination against employees and applicants on two fronts. This law applies to employers of all sizes.

First, it has expanded the definition of “sex” to include all terminations of pregnancy and related medical conditions. Previously, the definition of sex excluded abortions that weren’t intended to save the mother’s life.

Second, the state has added sexual orientation and gender identity or expression as protected categories under the statute. Federal law already prohibits employers with 15 or more employees from discriminating on the basis of sexual orientation and gender identity.

Action Item

Update your Equal Employment Opportunity (EEO) policy, and any other policies that include protected classes, to include sexual orientation and gender identity or expression, if they’re not included already. If you include a definition of sex in your policy, be sure to update it.

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