Race Discrimination Laws in Michigan: Know Your Rights

Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, prohibits discrimination based on race, color, or national origin by employers with 15 or more employees. The law covers hiring, firing, compensation, job training, promotion, and any other term or condition of employment. The Equal Employment Opportunity Commission (EEOC) enforces Title VII and can investigate charges, attempt conciliation, and file suit on behalf of complainants.

Federal law recognizes two types of discrimination: disparate treatment (intentional discrimination based on race) and disparate impact (facially neutral policies that disproportionately harm employees of a particular race). Remedies under Title VII include back pay, front pay, compensatory damages for emotional distress, punitive damages (up to $300,000 for large employers), reinstatement or promotion, and attorney's fees. The EEOC has 180 days to investigate; if it finds reasonable cause, it can attempt conciliation or file suit in federal court.

Michigan's Elliot-Larsen Civil Rights Act (MCL 37.2701 et seq.) provides broader protection than federal law in several critical ways. First, Michigan law applies to all employers with just one or more employees, whereas Title VII applies only to employers with 15+. This means sole proprietorships and small family businesses in Michigan are covered under state law but not federal law.

Michigan law prohibits discrimination based on race, color, or national origin in all aspects of employment: hiring, firing, compensation, promotion, training, and any other term or condition of employment (MCL 37.2702). The law also explicitly prohibits retaliation against employees who oppose discriminatory practices or participate in investigations. Additionally, Michigan recognizes constructive discharge—when working conditions become so intolerable that a reasonable person would feel forced to resign—as actionable discrimination.

The Michigan Department of Civil Rights (MDCR) enforces state law. Unlike the EEOC, the MDCR must investigate all charges filed with it. Remedies under Michigan law are similar to federal remedies but include the right to a civil action before the Michigan Civil Rights Commission, followed by potential appeal to the Michigan Court of Appeals. Michigan also allows for a private right of action; you can sue your employer directly in Michigan circuit court without waiting for agency investigation to conclude. Damages include back pay, front pay, compensatory damages, and in some cases punitive damages. Michigan does not cap compensatory or punitive damages like federal law does for employers over 500 employees.

Michigan law contains several important exceptions and limitations. First, the Elliot-Larsen Act applies only to employers with one or more employees in Michigan; independent contractors and some types of temporary workers may not qualify as employees. Second, the law contains a bona fide occupational qualification (BFOQ) exception—an employer may lawfully discriminate if race, color, or national origin is a genuine requirement of the job, though courts interpret this narrowly. Third, Michigan law exempts certain religious organizations from the prohibition on religious discrimination, though racial discrimination by religious employers is not exempt.

Federal Title VII contains similar exceptions but applies a higher threshold for BFOQs. Additionally, neither law prohibits all adverse treatment—only treatment based on race. If an employer can show legitimate, non-racial reasons for an employment decision (such as documented poor performance unrelated to race), the employer may have a defense. However, if the proffered reason is pretextual—a cover for racial animus—the employee prevails.

Michigan employers benefit from the "same actor inference" defense: if the same person who hired an employee later fired them shortly after, an inference of non-discrimination may arise, though this is rebuttable. Federal courts have rejected an absolute "same actor" rule, requiring case-by-case analysis. Additionally, reductions in force (layoffs) can reduce discrimination liability if applied uniformly across racial groups with documented, race-neutral criteria. Collective bargaining agreements do not exempt employers from discrimination law, though union seniority systems receive some deference if applied fairly.

Step 1 — Document Everything. From day one of the discriminatory conduct, keep detailed records. Write down the date, time, location, what happened, what was said (use exact quotes when possible), and names of witnesses. Save all emails, text messages, performance reviews, and salary information. Take screenshots of online communications. Store copies at home or in cloud storage separate from your work email—do not rely only on employer servers. If you are denied a promotion, ask for the reason in writing. If you receive a poor review, request specific examples and document whether those examples match your actual work performance.

Step 2 — Report Internally (If Safe to Do). Check your employee handbook for the complaint procedure. Most employers have a Human Resources department or a designated anti-discrimination officer. File a formal written complaint describing the discriminatory conduct, the dates, and the names of people involved. Request acknowledgment in writing. Keep a copy. Internal complaints do not waive your right to file with an agency—in fact, they strengthen your case by showing the employer had notice of the problem. However, do not rely on internal resolution alone. If your employer ignores your complaint, retaliates, or fails to investigate, proceed immediately to Step 3.

Step 3 — File a Charge with the Michigan Department of Civil Rights (MDCR). Visit the MDCR website at www.michigan.gov/mdcr or call 1-844-324-3374. You can file online, by mail, or in person at a regional office. You have 180 days from the discriminatory act to file (some courts allow 180 days from the most recent act of a continuing course of conduct). The charge must include your name, address, phone, employer name and address, date discrimination occurred, description of what happened, and names of witnesses if known. Filing with MDCR automatically cross-files with the EEOC if the EEOC and MDCR have a worksharing agreement (they do in Michigan). The charge is free to file.

Step 4 — The Investigation Process. The MDCR will send your complaint to the employer, who will have 30 days to respond (with possible extensions). The MDCR investigator will then contact you and the employer to gather statements, review documents, and interview witnesses. Investigations typically take 60–180 days but can extend longer if evidence is complex. You have the right to provide supplemental information at any time. The investigator will determine whether there is "reasonable cause" to believe discrimination occurred. If the MDCR finds reasonable cause, it will attempt conciliation—bringing parties together to negotiate a settlement. If conciliation fails, your case may be certified to the Michigan Civil Rights Commission for a public hearing before a tribunal. You can also request a civil right of action letter from the MDCR, which allows you to bypass further agency process and sue directly in Michigan circuit court.

Step 5 — Consult an Attorney. Contact a civil rights or employment discrimination attorney, ideally one licensed in Michigan. Many work on contingency (you pay nothing unless you win or settle). An attorney can review your case for strengths and weaknesses, negotiate with the employer or their counsel, represent you in agency proceedings, and file suit if needed. Do not wait until after the agency investigation concludes—consult early to preserve evidence and understand your options.