On May 17, 2023, Michigan Governor Gretchen Whitmer signed SB 147 into law, amending the Elliot-Larsen Civil Rights Act (“ELCRA”) to expand its protections from workplace discrimination to those who have abortions. The law is expected take effect on March 31, 2024, ninety-one days after final adjournment of the Michigan Legislature’s 2023 Regular Session and will apply to any Michigan employer with one or more employees. This is the second time this year that the Michigan Legislature has amended ELCRA, joining SB 4 in early March 2023, which amended ELCRA to add protections for individuals based on their sexual orientation, and gender identity or expression.
On March 8, 2023, the Michigan Legislature passed Senate Bill 4, amending the Elliott Larsen Civil Rights Act (ELCRA), and adding protections for individuals based on their sexual orientation, gender identity or expression. Codifying the Michigan Supreme Court’s 2022 decision in Rouch World v MI Department of Civil Rights, which held that discrimination on the basis of sexual orientation constitutes a violation of ELCRA as currently written, the amendment makes Michigan the 24th state to incorporate provisions for safeguarding individuals based on sexual orientation. The amendment, however, goes one step further to add protections for “gender identity or expression.”
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