Elliott-Larsen Civil Rights Act Expanded to Include Sexual Orientation and Gender Identity or Expression as Protected Class Categories

Steve Tomkowiak • March 18, 2023

Expanded Protections in the Areas of Housing, Employment, Public Accommodations, and Education

For decades, the Michigan Elliot-Larsen Civil Rights Act (ELCRA) prohibited discrimination in employment, housing, public accommodations, and education based on religion, race, color, national origin, age, sex, height, weight, familial status, or marital status. The Michigan Persons With Disabilities Civil Rights Act provides separate protection for persons with disabilities.

Questions have arisen in recent years regarding the application of civil rights laws to discrimination claims involving sexual orientation and gender identity. In Michigan, the Michigan Civil Rights Commission, in May 2018, issued Interpretative Statement 2018-1 declaring that discrimination based on sexual orientation and gender identity falls under the definition of "discrimination because of . . . sex" under the ELCRA. On July 20, 2018, the Michigan Attorney General, however, issued Opinion No. 7305 declaring that the Commission’s interpretative statement was invalid because it conflicted with the intent of the Legislature as expressed in the language of the ELCRA and as interpreted by courts in Michigan.

Thereafter, the U.S. Supreme Court and the Michigan Supreme Court issued decisions contrary to the Michigan Attorney General’s opinion. In June 2020, the U.S. Supreme Court in Bostock v. Clayton Cnty., 140 S. Ct. 1731 (2020), held that the prohibition in Title VII of the Civil Rights Act of 1964 against employment discrimination based on “sex”, encompasses discrimination on grounds of “sexual orientation” and “gender identity”. Two years later, in July 2022, the Michigan Supreme Court in Rouch World, LLC v. Department of Civil Rights, No. 162482 (July 28, 2022), consistent with Bostock’s interpretation of Title VII, held that “the prohibition of discrimination ‘because of . . . sex” in the ELCRA “encompasses discrimination on the basis of sexual orientation.”

On March 16, 2023, Governor Gretchen Whitmer signed into law Act 6 of the Public Acts of 2023, to amend the ELCRA to expressly prohibit discrimination on grounds of “sexual orientation” and “gender identity or expression”. The amendments apply to all articles of the ELCRA: employment (Article 2); public accommodation (Article 3); education (Article 4); and housing (Article 5). The Act defines "sexual orientation" as “having an orientation for heterosexuality, homosexuality, or bisexuality or having a history of such an orientation or being identified with such an orientation.” “Gender identity or expression”, in turn, is defined as “having or being perceived as having a gender-related self-identity or expression whether or not associated with an individual’s assigned sex at birth.” The Act 6 amendments to the ELCRA are effective 90 days from March 16, 2023.

Act 6 of the Michigan Public Acts of 2023 removes any question as to whether discrimination claims involving sexual orientation and gender identity (or expression) are included in the ELCRA. Act 6, however, does not contain express exemptions or guidance for religious organizations or expression. These questions were left undecided in Bostock, 140 S. Ct. 1753-54, and Rouch World, LLC, Slip Op. at 97-98 (Viviano, J., dissenting), and remain unaddressed in Act 6. Further, these questions were raised but not fully addressed by the Michigan Supreme Court in the earlier fair housing case of McCready v. Hoffius, 459 Mich. 1235; 593 N.W.2d 545 (1999), vacating and remanding, 459 Mich. 131; 586 N.W.2d 723 (1998).

(Note: As discussed in a prior post, housing discrimination on grounds of sexual orientation and gender identify has already been found to be unlawful at the federal level under the federal Fair Housing Act. This is shown in court decisions, e.g., Wetzel v. Glen St. Andrew Living Cmty., LLC, 901 F.3d 856 (7th Cir. 2018), and federal guidance. See Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (Jan. 20, 2021) and HUD's Office of Fair Housing & Equal Opportunity, I mplementation of Executive Order 13988 on the Enforcement of the Fair Housing Act (Feb. 11, 2021).)

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Detroit School Integration Timeline - History of School Integration and Segregation in Detroit

By Steve Tomkowiak • March 7, 2025

University of Michigan Law School Professor Michelle Adams ’ research interests include race discrimination, school desegregation, affirmative action, and housing law. Two of Professor Adams’ students, Michelle Landry and Victoria Pedri (pictured above) from Professor Adams’ Race, Law, and History course, developed a “ Detroit School Integration Timeline ”. The timeline traces the history from Detroit’s establishment of its first “colored school”, to the Dred Scott decision, the passage of the Civil Rights Act of 1875, the Great Migration, racially restrictive covenants, redlining, the Birwood (Eight Mile) Wall, white flight, the enactment of the Fair Housing Act, the Milliken v. Bradley decision and efforts to desegregate Detroit schools, through the recent decision in Students for Fair Admissions v. Harvard. The timeline is informative, user-friendly and includes many helpful videos. Congratulations to Michelle and Victoria for creating this amazing resource. Detroit School Integration Timeline Legal History Project: Detroit, Michigan (Law students Michelle Landry and Victoria Pedri briefly introduce themselves and thank viewers for checking out their timeline project)

Livonia Housing Commission's Housing Choice Voucher Waiting List Opening

By Steve Tomkowiak • December 10, 2024

The Livonia Housing Commission has announced the opening of its Housing Choice Voucher (HVC) waiting list. To apply successfully, you need to provide the Commission with the following information: The first and last names of all members of your household The Social security numbers and birthdates of all members of your household. Total gross annual income of everyone in your household. This includes wages, child support, Social Security, Supplemental Security Income (SSI), General Assistance and Unemployment Income. A valid mailing address and email address. Only one application is permitted per household. Accurate information must be submitted in order to contact applicants if they are selected in the lottery. How to Apply Use this link to start the application process. At the bottom of the page, click Get Started . Persons with disabilities who require accommodations with the online waitlist application, may call the Livonia Housing Commission at (734) 634-0294 or send an email to kwesley@livonia.gov . (If you do not have the social security numbers, please contact the Fair Housing Center by phone at 313-579-3247 or by email to info@fairhousingdetroit.org.)