Workplace Discrimination Laws

Losing a promotion you earned. Being passed over for a raise while a less-qualified colleague moves up. Enduring daily comments about your age, your religion, or where you came from. Being pushed out of a job you've held for years, right after telling your employer you're pregnant. These aren't just bad days at work. In many cases, they're violations of the law.

Workplace discrimination is one of the most common, and most underreported, civil rights violations in Michigan. Workers often stay silent because they don't know what the law actually covers, they fear retaliation, or they've been made to feel like what happened to them wasn't serious enough to fight. It is. And the law was built for exactly these moments.

Federal Laws That Protect Michigan Workers

Title VII of the Civil Rights Act of 1964

Title VII is the cornerstone of federal employment discrimination law. It prohibits discrimination based on race, color, religion, sex, and national origin. It applies to employers with 15 or more employees and covers hiring, firing, pay, job assignments, promotions, and virtually every other condition of employment.

The Americans with Disabilities Act (ADA)

The ADA prohibits discrimination against qualified individuals with disabilities. It also requires employers to provide reasonable accommodations, modifications or adjustments to the job or workplace, unless doing so would create an undue hardship for the business. The ADA covers employers with 15 or more employees.

The Age Discrimination in Employment Act (ADEA)

The ADEA protects workers who are 40 years of age or older from discrimination based on age. It covers hiring, firing, pay, promotions, and other employment terms. It applies to employers with 20 or more employees.

The Pregnancy Discrimination Act

The Pregnancy Discrimination Act amended Title VII to make clear that discrimination based on pregnancy, childbirth, or related medical conditions is a form of sex discrimination. Employers cannot fire, demote, or refuse to hire someone because they are pregnant or may become pregnant.

The Equal Pay Act

The Equal Pay Act requires that men and women in the same workplace receive equal pay for substantially equal work. Pay disparities based on sex, when the jobs require the same skill, effort, and responsibility, may constitute a violation.

The Genetic Information Nondiscrimination Act (GINA)

GINA prohibits employers from using an employee's or applicant's genetic information, including family medical history, in making employment decisions. It also restricts employers from requesting or acquiring genetic information.

Michigan-Specific Protections: The Elliott-Larsen Civil Rights Act

What ELCRA Covers

ELCRA prohibits discrimination in employment based on religion, race, color, national origin, age, sex, height, weight, familial status, marital status, and, following a landmark 2022 Michigan Supreme Court ruling, sexual orientation and gender identity.

A few ways ELCRA is broader than federal law:

• It applies to employers with one or more employees, meaning smaller Michigan businesses that fall below federal thresholds are still covered.
• It includes height and weight as protected characteristics, a protection not found in federal law.
• It covers marital status, which is not a federally protected class in employment.

Who Is Protected? Understanding "Protected Classes"

Under the combination of federal law and Michigan's ELCRA, the following characteristics are protected in the workplace:

• Race and color
• Sex and gender identity (including pregnancy, sexual orientation, and gender expression)
• Age (40 and older under federal law; all ages under some state provisions)
• Disability (physical or mental impairments that substantially limit a major life activity)
• Religion (including the right to reasonable religious accommodations)
• National origin (including ancestry, ethnicity, and language)
• Familial and marital status
• Height and weight (under Michigan law)
• Whistleblower status (retaliation for reporting illegal activity is separately protected)

What Counts as Discrimination? Common Forms and Examples

Disparate Treatment

This is the most commonly recognized form of discrimination. It occurs when an employer treats an employee differently because of a protected characteristic. Examples include:

• A Black employee is passed over for a promotion given to a less-qualified white colleague.
• A woman is paid less than male peers performing the same work.
• An employee over 50 is laid off while younger, less-experienced employees are retained.

Disparate Impact

Disparate impact discrimination occurs when an employer applies a neutral policy that disproportionately harms a protected group, even if there was no discriminatory intent. For example, a physical fitness test that screens out a significantly higher percentage of female applicants than male applicants may constitute sex discrimination if it isn't job-related and consistent with business necessity.

Hostile Work Environment

A hostile work environment exists when harassment based on a protected characteristic is so severe or pervasive that it alters the conditions of employment and creates an abusive working environment. This can include:

• Repeated racial slurs or offensive jokes
• Unwanted sexual comments or touching
• Persistent mocking of an employee's religion or national origin
• Threatening or intimidating behavior tied to a protected characteristic

Quid Pro Quo Harassment

This is a specific form of sex-based harassment in which a supervisor conditions employment benefits, a raise, a promotion, continued employment, on an employee's submission to sexual advances or conduct. 

Failure to Accommodate

Employers are legally required to provide reasonable accommodations to employees with disabilities and employees with sincere religious beliefs, unless doing so would impose an undue hardship. 

What Steps Should You Take If You Believe You've Been Discriminated Against?

Document Everything

Write down what happened as soon as possible, while the details are fresh. Record dates, times, locations, what was said or done, and who witnessed it. Save any relevant emails, texts, performance reviews, or written communications somewhere your employer cannot access.

Review Your Employer's Internal Complaint Process

Most employers have an internal grievance procedure. Filing an internal complaint creates a record and may trigger obligations on the employer's part. However, be aware that internal HR departments work for the employer, not for you. An internal complaint alone is not a substitute for pursuing your legal rights.

Understand the Filing Deadlines

This is critical. Federal discrimination claims typically must be filed with the Equal Employment Opportunity Commission (EEOC) within 180 days of the discriminatory act, or 300 days if the claim is also covered by a state law like ELCRA. Missing this deadline can permanently bar your claim. Do not wait.

Consult an Employment Discrimination Attorney

Before you file anything with the EEOC or respond to your employer's legal team, speak with an attorney who handles employment discrimination cases. An experienced lawyer can help you evaluate the strength of your claim, avoid procedural mistakes, and build the most compelling case possible.

What Damages Can You Recover in a Discrimination Case?

The law provides meaningful remedies for workers whose rights have been violated. While every case is different and no outcome is guaranteed, the categories of damages available in discrimination cases include:

• Back pay: Wages, salary, and benefits you lost as a result of the discrimination, from the date of the adverse action to the date of judgment.
• Front pay: Compensation for future lost earnings when reinstatement to your former position is not feasible.
• Compensatory damages: Damages for emotional distress, pain and suffering, and other non-economic harms caused by the discrimination.
• Punitive damages: Available in cases of particularly egregious or willful conduct by the employer, intended to punish and deter.
• Reinstatement: A court order requiring the employer to restore you to your former position, though this is not always practical or desired.
• Attorney's fees and costs: Federal law allows prevailing plaintiffs in discrimination cases to recover their attorney's fees from the employer.
• Policy and practice changes: Courts can also order employers to change discriminatory policies, implement training, or take other corrective action.

The Law Is on Your Side. Make Sure You Use It.

Discrimination at work is not just an HR problem. It is a violation of your rights, rights that federal law and the State of Michigan have put in place specifically to protect you. Whether you've been passed over for a promotion, subjected to daily harassment, pushed out of a job you were qualified to do, or retaliated against for speaking up, what happened to you matters. And it may be actionable.

Michigan workers often underestimate the strength of their legal position. The Elliott-Larsen Civil Rights Act is one of the broadest state employment discrimination laws in the country. Combined with federal protections under Title VII, the ADA, the ADEA, and related statutes, workers here have real tools, tools that courts have repeatedly used to hold employers accountable in meaningful ways.

Ready to Fight Back? Get a Free Case Evaluation from Marko Law

If you've experienced workplace discrimination or retaliation, you may have a legal claim, and the clock is already ticking. Every case is different, and only a consultation with an attorney can tell you where you stand. But you owe it to yourself to find out.

Contact Marko Law today for a free case evaluation.

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