National Origin Discrimination Laws in Michigan

Title VII of the Civil Rights Act of 1964, codified at 42 U.S.C. § 2000e, is the primary federal law prohibiting national origin discrimination. Title VII applies to employers with 15 or more employees, including state and local governments, employment agencies, and labor unions. The law prohibits discrimination based on national origin in hiring, compensation, terms and conditions of employment, termination, and retaliation for opposing discriminatory practices.

National origin discrimination includes discrimination based on birthplace, ancestry, ethnic or national accent, inability to speak English fluently, foreign language use at work, and association with a national origin group. The EEOC enforces Title VII. Covered individuals may file a charge with the EEOC within 180 days of the discriminatory act (or 300 days in dual-filing states like Michigan that have an agency enforcing substantially equivalent state law).

Federal remedies include back pay, front pay, compensatory damages for emotional distress and reputational harm, reinstatement or front pay in lieu of reinstatement, and injunctive relief. The Civil Rights Act of 1991 added punitive damages (up to $300,000 for large employers) and the right to a jury trial. Prevailing plaintiffs may recover attorney fees and costs.

Michigan's Elliott-Larsen Civil Rights Act (MCL 37.2701 et seq.) provides state-level protection against national origin discrimination that is substantially comparable to—and in some respects broader than—federal Title VII protection. The Michigan law applies to employers with one or more employees, making it more expansive than the federal 15-employee threshold. This means small employers in Michigan with fewer than 15 employees are still prohibited from discriminating based on national origin.

Michigan defines national origin broadly under the Elliott-Larsen Act to include discrimination based on birthplace, ancestry, national origin, ethnic characteristics, accent or manner of speech, or foreign language usage. State case law and administrative guidance from the Michigan Department of Civil Rights recognize that national origin discrimination encompasses discrimination based on inability to speak English without an accent, the speaking of a foreign language, or association with a national origin group or cultural practices.

The statute is codified as MCL 37.2701 and states that it is illegal for any employer to fail or refuse to hire, recruit, or promote any individual; discharge or terminate an employee; or discriminate against any individual with respect to employment, compensation, or the terms, conditions, or privileges of employment because of national origin. Michigan case law interprets this language expansively to protect employees from both intentional discrimination and neutral policies that have a disparate impact based on national origin.

Michigan's remedies framework under MCL 37.2805 is comparable to federal remedies and includes reinstatement, back pay, front pay, compensatory damages (which Michigan courts have interpreted broadly to include emotional distress, humiliation, and reputational harm), and punitive damages when the employer acts with malice or reckless disregard. However, Michigan does not impose a statutory cap on compensatory or punitive damages, distinguishing it from federal law. Prevailing plaintiffs may recover attorney fees and costs. The Michigan Department of Civil Rights, the agency charged with enforcing the Elliott-Larsen Act, has concurrent jurisdiction with the EEOC in dual-filing arrangements.

Several important exceptions and limitations apply to national origin discrimination claims in Michigan. First, the Elliott-Larsen Act excludes certain employers: the federal government, federally recognized Indian tribes, and private membership clubs not in the business of selling goods or services to the general public are not covered. However, nearly all for-profit employers with one or more employees fall within the scope.

Second, employers may assert a bona fide occupational qualification (BFOQ) defense. Under MCL 37.2702, an employer may lawfully discriminate based on national origin if national origin is a bona fide occupational qualification reasonably necessary for the operation of that particular business or enterprise. This is a narrow defense; courts interpret it strictly. For example, hiring a Chinese national to represent authenticity in a Chinese restaurant might qualify, but the BFOQ does not apply to general competence or performance.

Third, the statute does not prohibit discrimination based on citizenship status standing alone, though discrimination based on national origin (which is distinct from citizenship) is prohibited. An employer may require employees to be authorized to work in the United States without violating the Elliott-Larsen Act, and the Immigration Reform and Control Act (IRCA) actually requires verification of work authorization.

Fourth, English-language requirements may be lawful under limited circumstances. An employer may impose English-language proficiency requirements if they are job-related and consistent with business necessity. However, blanket English-only policies during work hours that restrict the use of foreign languages are disfavored and subject to strict scrutiny. The EEOC guidance, which Michigan courts often consider persuasive, provides that English-only rules must be justified by legitimate business needs and applied consistently.

Fifth, good-faith errors in initial hiring or placement decisions may receive more lenient treatment if the employer immediately corrects the error once discovered, though this is not a complete defense. Sixth, discrimination claims require causal connection: the employer's decision must have been motivated by the employee's national origin, not by legitimate, non-discriminatory reasons such as poor performance, misconduct, or business reorganization.

Step 1: Document the Discrimination. From the moment you believe you have experienced national origin discrimination, begin keeping detailed contemporaneous records. Write down the date, time, location, and specific conduct or statements that constitute the alleged discrimination. Include the names of witnesses present, the exact words spoken (if discriminatory comments were made), and the context. For example, if your employer refuses to promote you and states you lack an English accent or your foreign accent makes you unsuitable, record this verbatim. Save emails, text messages, performance reviews, and any written communications that relate to the adverse employment action or show differential treatment. If you were terminated, request your personnel file and all disciplinary records. Photographs of postings, signs, or other evidence may be useful. Keep this documentation in a safe place outside the workplace.

Step 2: Pursue Internal Complaint Process. Before filing an external charge, consider whether your employer has a complaint procedure or anti-discrimination policy. Review your employee handbook or HR policies. Many Michigan employers have internal complaint mechanisms or grievance procedures that require you to report discrimination internally first. File a written complaint with your HR department or the designated manager, clearly stating that you have experienced discrimination based on national origin. Use the word discrimination explicitly. Request a written acknowledgment of your complaint. This step is important because it may toll certain legal deadlines, establishes notice to the employer, and creates a contemporaneous record. However, Michigan law does not require you to exhaust internal remedies before filing an external charge, so failure to pursue internal remedies does not waive your legal rights. If your employer retaliates against you for filing an internal complaint, that retaliation is itself unlawful.

Step 3: File a Charge with the Michigan Department of Civil Rights (MDCR). You have 180 days from the date of the discrimination to file. The MDCR is Michigan's state agency with primary jurisdiction. File online at michigan.gov/mdcr, by mail to the Michigan Department of Civil Rights, 110 W. Michigan Ave., Lansing, MI 48933, or in person at one of the regional offices. Alternatively, you may file directly with the federal EEOC, though Michigan is a deferral state, meaning the MDCR will process the charge first. The MDCR charge process is free and does not require an attorney.

When you file, provide: (1) your name, address, phone number, and email; (2) your employer's name, address, and size (number of employees); (3) a clear description of what happened, including dates and specific discriminatory acts or statements; (4) the names of any witnesses; (5) the title of the person or persons who discriminated against you; (6) how the discrimination affected you (demotion, termination, loss of pay, emotional distress, etc.); and (7) any evidence or documentation you have. Be specific: instead of "I was treated unfairly," state "On June 15, 2024, my manager stated 'Your foreign accent makes you unsuitable for customer-facing roles' and refused to promote me to the sales position." The charge does not need to be perfectly drafted; MDCR staff will assist if the charge is incomplete. You do not need an attorney to file.

Step 4: Expect the MDCR Investigation. Once you file, the MDCR will notify your employer and open an investigation. This process typically takes 60 to 120 days, though it can extend longer for complex cases. The MDCR investigator will request documentation from your employer, such as hiring records, performance evaluations, disciplinary records, compensation data, and communications regarding your employment. You may be asked to provide additional evidence or clarification. The investigator will interview you, your employer, witnesses, and potentially other employees to establish a pattern of discrimination if applicable. You have the right to participate in the investigation and provide supplemental information.

The MDCR will issue a determination of Reasonable Cause or No Reasonable Cause. If the MDCR finds Reasonable Cause that discrimination occurred, it will issue a Right to Sue letter, meaning you may pursue a civil lawsuit in Michigan state court. If the MDCR finds No Reasonable Cause, you still receive a Right to Sue letter and may file suit; the MDCR's determination is not binding on a court. The investigation is confidential, and the MDCR's role is fact-finding, not enforcement.

Step 5: Consult an Attorney and Consider Settlement or Litigation. If the MDCR issues a Right to Sue letter, you typically have one year to file a civil lawsuit in Michigan state court (in the circuit court of the county where the discrimination occurred) or in federal court (if federal question jurisdiction applies or diversity jurisdiction exists). At this stage, consulting with a Michigan employment law attorney is highly advisable. An attorney can evaluate the strength of your case, advise you on damages, and represent you in settlement negotiations or litigation. Many employment attorneys work on contingency (no upfront cost; they take a percentage of the recovery) and offer free initial consultations. An attorney can also explore federal Title VII claims in federal court, which may provide additional remedies or broader discovery.

If you pursue litigation, you may seek back pay (lost wages from the date of the discriminatory act until reinstatement or judgment), front pay (future lost wages if reinstatement is not feasible), compensatory damages (for emotional distress, humiliation, damage to reputation, and other non-economic harms), punitive damages (in cases of malice or reckless disregard), attorney fees, and costs. Michigan courts have awarded substantial damages in national origin discrimination cases. Settlement is also an option; your attorney can negotiate with the employer or their counsel. Settlement agreements often include confidentiality clauses, so discuss the terms carefully with your attorney before signing.