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Michigan Supreme Court Holds Sexual Orientation Protected Under ELCRA

On July 28, 2022, the Michigan Supreme Court held that Michigan’s prohibition on sex-based discrimination under the state’s Elliott-Larsen Civil Rights Act (ELCRA) extends to sexual orientation. The court relied heavily upon the U.S. Supreme Court’s analysis in Bostock v. Clayton County where it held that Title VII’s prohibition on employment discrimination based on sex includes discrimination on the basis of sexual orientation and gender identity.

While both Title VII and the ELCRA provide prohibitions on sex-based discrimination and other protected classes, Title VII protections only apply when an employer has 15 or more employees. Michigan’s ELCRA, on the other hand, extends discrimination protections to all employers regardless of employee count.

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Category: Discrimination & Equal Employment State: Michigan

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