The Michigan Elliott-Larsen Civil Rights Act is the state’s main anti-discrimination law. Signed in 1976 and effective March 31, 1977, it makes it illegal to discriminate in employment, housing, public accommodations, and education based on a long list of personal characteristics, and it covers more categories and more employers than federal civil rights law does. If you believe you’ve been discriminated against, the act gives you two enforcement paths: a complaint with the Michigan Department of Civil Rights within 180 days, or a lawsuit in state court within three years.
Who and What the Act Protects
ELCRA declares that the opportunity to obtain employment, housing, education, and the full use of public accommodations is a civil right in Michigan. Discrimination in any of those areas is illegal when based on religion, race, color, national origin, age, sex, sexual orientation, gender identity or expression, height, weight, familial status, marital status, or source of income.1Michigan Legislature. MCL Act 453 of 1976
Several of those categories go well beyond federal law. Height and weight have been standalone protected classes in Michigan since the act’s original passage; most states and the federal government do not prohibit employers from using height or weight as hiring criteria unless the requirement disproportionately screens out a protected group.2U.S. Equal Employment Opportunity Commission. Pre-Employment Inquiries and Height and Weight Marital status and familial status are also uniquely Michigan protections in the employment context. Source of income is the newest addition, and it mainly stops landlords from refusing tenants who pay with housing vouchers or other public assistance.
Where the Act Applies
Employment
Employers cannot refuse to hire, fire, or treat workers differently in pay or any other term of employment because of a protected characteristic. They also cannot classify or segregate employees or applicants in ways that limit opportunities. The rules reach every stage of the relationship: postings, interviews, promotions, benefits, and termination. Pregnancy gets specific treatment. An employer cannot treat a worker differently because of pregnancy, childbirth, or a related medical condition when another employee with a similar ability or inability to work would be treated more favorably.3Michigan Legislature. MCL 37-2202
One detail matters more than any other for Michigan workers: ELCRA defines “employer” as any person with one or more employees.4Michigan Legislature. Elliott-Larsen Civil Rights Act – Act 453 of 1976 A sole proprietor with a single worker is covered. Federal employment discrimination laws like Title VII do not apply until an employer has at least 15 employees, so many small businesses that are exempt federally are still subject to ELCRA.
Housing
The act prohibits discrimination in selling, renting, or financing housing based on any protected characteristic. Landlords, real estate agents, lenders, and property managers are all covered. Advertising that signals a preference or limitation based on a protected class is separately banned, so a listing that says “no children” or “working professionals only” can violate the act on its own, even if nobody is turned away.
Housing violations also carry escalating civil fines when a case runs through the administrative process: up to $10,000 for a first violation, up to $25,000 for a second violation within five years, and up to $50,000 for two or more violations within seven years.5Michigan Legislature. MCL 37-2605
Public Accommodations
Public accommodations are defined broadly. The category covers any business, educational facility, entertainment venue, recreation center, health facility, or transportation service that offers goods or services to the public, licensed or not. Certain private clubs are included too: country clubs, golf clubs, boating and yachting clubs, sports and athletic clubs, and dining clubs. There is a narrow exception for a dining club that genuinely limits membership to followers of a particular religion to further that religion’s teachings.6Michigan Legislature. MCL 37-2301
Education
Schools and educational institutions cannot deny admission, limit participation, or withhold benefits from students based on protected characteristics. The rule reaches admissions decisions, program access, and the terms under which educational services are provided.
Retaliation Is Also Illegal
No person may retaliate against or discriminate against anyone who has opposed a violation of the act, filed a complaint, testified, or taken part in an investigation or hearing. The statute also prohibits coercing, intimidating, threatening, or interfering with someone exercising their rights under the act.7Michigan Legislature. MCL 37-2701
In practice, retaliation claims are often easier to prove than the underlying discrimination claim because the timeline is clearer. You complained, and then something bad happened. If an employer cuts your hours the week after you report discriminatory conduct, the sequence does a lot of the work. The protection extends to witnesses and anyone who helps with an investigation, not just the person who experienced the discrimination.
How ELCRA Compares to Federal Law
ELCRA runs alongside federal statutes like Title VII of the Civil Rights Act of 1964 and the federal Fair Housing Act. It is not just a mirror of those laws, and in several places it offers stronger protection:
- More protected classes. Federal employment law prohibits discrimination based on race, color, religion, sex, and national origin. ELCRA adds height, weight, marital status, familial status, and source of income, none of which have federal employment counterparts.1Michigan Legislature. MCL Act 453 of 1976
- Broader employer coverage. Title VII applies only to employers with 15 or more employees. ELCRA covers any employer with even one employee.4Michigan Legislature. Elliott-Larsen Civil Rights Act – Act 453 of 1976
- No damage caps. Title VII limits combined compensatory and punitive damages to between $50,000 and $300,000 depending on employer size. ELCRA places no cap on compensatory damages.8U.S. Equal Employment Opportunity Commission. Remedies for Employment Discrimination
- Longer window to sue. An EEOC charge under federal law must generally be filed within 300 days in a state like Michigan. ELCRA’s administrative deadline is shorter at 180 days, but its three-year statute of limitations for a civil lawsuit gives more time if you go directly to court.
The tradeoff: ELCRA does not allow punitive damages, while Title VII does, subject to the caps above. Many people with strong claims file under both state and federal law to preserve every available remedy.
How to Enforce the Act
You have two options. The first is an administrative complaint with the Michigan Department of Civil Rights. That complaint must be filed within 180 days of the discriminatory act, or within 180 days of when you discovered or should have discovered it. You can start by contacting MDCR by phone, in writing, online, or in person. If the agency confirms your situation fits the laws it enforces and meets the deadline, it prepares a formal complaint for you to sign before a notary. MDCR then investigates, interviewing witnesses and gathering documents, and may convene a conference to try to resolve the matter. If conciliation fails after the investigation supports a charge, the case can proceed to a public hearing before a hearing officer, with findings reviewed by the Civil Rights Commission.9Michigan Department of Civil Rights. Complaint Investigation Process
The second option is a civil lawsuit in state court, filed within three years of the discriminatory act. You can bypass the administrative route entirely or use it in parallel.
What You Can Recover
Remedies through the administrative process can include compensation for the harm caused, attorney fees, and orders to stop the discriminatory conduct.10Michigan Legislature. Elliott-Larsen Civil Rights Act In employment cases that often means reinstatement and back pay. Housing cases can trigger the civil fines described above on top of compensatory damages.
In a civil lawsuit, you can seek compensatory damages for financial losses and emotional distress, injunctive relief, and recovery of your attorney fees and litigation costs.10Michigan Legislature. Elliott-Larsen Civil Rights Act Punitive damages are not available under ELCRA; the Michigan Supreme Court has confirmed that the statute limits recoverable damages to actual injury or loss plus attorney fees. The absence of any cap on compensatory damages is a real advantage. For someone who suffered severe emotional distress or major financial harm, uncapped compensatory damages under ELCRA can produce a larger recovery than a federal claim.
Recent Additions to the Protected Classes
ELCRA has grown twice in recent years. In 2023, Senate Bill 4 added sexual orientation and gender identity or expression to the list of protected classes across every area the act covers. It became Public Act 6 of 2023 and took effect on February 13, 2024. Before that, MDCR had already been accepting complaints in those categories under a Michigan Supreme Court ruling interpreting “sex” to include them; the legislative change locked the protections into the statutory text so a future court decision could not reverse them.11Michigan Legislature. SB0004 Revised Analysis as Enacted
In 2025, the legislature added source of income as a protected characteristic, aimed mainly at housing. Landlords and property managers cannot refuse tenants or impose different rental terms based on whether an applicant’s income comes from employment, public assistance, housing vouchers, Social Security, or other lawful sources.