What is the Elliott-Larsen Civil Rights Act and how does it protect Michigan workers?

Michigan's Elliott-Larsen Civil Rights Act (MCL 37.2101 et seq.) is the state's comprehensive anti-discrimination law. It covers employment discrimination based on: religion, race, color, national origin, sex (including sexual orientation and gender identity since 2022-2023), height, weight, familial status, marital status, age, and disability. Key advantages over federal law: (1) Coverage starts at 1 employee — federal Title VII requires 15 employees, the ADA requires 15, the ADEA requires 20; under ELCRA, a Michigan employer with even one employee is covered; (2) Height and weight discrimination is specifically prohibited in Michigan — not a protected category under federal law; (3) Marital status discrimination is prohibited — this can be relevant in jobs where employers discriminate against married people (certain types of jobs, nepotism policies); (4) Sexual orientation and gender identity have been explicitly protected since the Michigan Supreme Court's Rouch World ruling (2022) and the 2023 legislative amendment. ELCRA claims can be filed with the Michigan Department of Civil Rights (MDCR) within 180 days, or directly in Michigan Circuit Court within 3 years (the longer SOL than the EEOC's 300-day deadline gives Michigan employees more time to pursue state court claims).

Michigan repealed right-to-work in 2023. What does that mean for workers?

Michigan's right-to-work law (2012-2023) prohibited union security clauses in collective bargaining agreements — employees covered by a union contract could not be required to pay dues or fees as a condition of employment. The 2023 repeal allows unions and employers to negotiate 'union security' provisions again in new CBAs. What this means in practice: (1) In newly negotiated union contracts, employers and unions can agree that all employees covered by the contract must pay union dues or fees within a specified period (typically 30-31 days of hire); (2) Existing CBA provisions remain unaffected by the repeal — the change affects future negotiations; (3) Workers in already-unionized workplaces with existing CBAs are not immediately affected unless those CBAs are renegotiated; (4) Private sector unions (UAW, Teamsters, SEIU, etc.) in Michigan can now negotiate stronger membership requirements; public sector employees have separate federal and state framework rules. Michigan's automotive sector, with its UAW presence, is most directly affected. The repeal reflects Michigan's return to its historically union-friendly labor law environment after the 2012 right-to-work law was seen by unions as a political attack.

My Michigan employer discriminates against me for being overweight. Is that legal?

Weight discrimination in employment is illegal in Michigan under the Elliott-Larsen Civil Rights Act (MCL 37.2102(1)) — one of only a handful of states that explicitly prohibit height and weight discrimination. This protection is not available under federal employment discrimination law (Title VII, ADA, ADEA). In Michigan, an employer who refuses to hire, promotes differently, or terminates an employee because of their weight or height can be held liable under ELCRA — without needing to show the weight constitutes a disability (unlike an ADA claim, which would require proving the condition substantially limits a major life activity). File a complaint with the Michigan Department of Civil Rights (MDCR) within 180 days of the discriminatory act, or file directly in Michigan Circuit Court within 3 years. You'll need to establish: (1) you were qualified for the position; (2) an adverse employment action was taken (denial of hire, demotion, termination, pay reduction); (3) the adverse action was because of your weight. Evidence can include: employer statements about your weight; differently treatment of similarly qualified employees of different weights; weight-related comments by supervisors; patterns of adverse action against heavier employees.

Does Michigan have paid sick leave or family leave?

Michigan's Paid Medical Leave Act (MCL 408.961 et seq.) requires employers of 50 or more employees to provide up to 40 hours of paid sick leave per year. Employees accrue 1 hour of paid leave for every 35 hours worked. The leave can be used for: the employee's own illness or medical appointment; caring for a family member who is ill or has a medical appointment; a public health emergency. Smaller employers (under 50 employees) are NOT required to provide paid sick leave under the state law — though this threshold has been subject to ongoing political debate. Michigan does not have a state family and medical leave law beyond the federal FMLA (which applies to 50+ employee employers for 12 weeks of unpaid leave for qualifying family/medical reasons). Michigan workers at smaller employers (under 50) are in a gap — no paid sick leave requirement and no FMLA leave right. Some Michigan municipalities (Ann Arbor, for example) have explored local sick leave ordinances, but statewide preemption questions complicate local ordinances.

What are Michigan's rules for non-compete agreements?

Michigan enforces non-compete agreements under the Michigan Antitrust Reform Act (MARA, MCL 445.774a), which allows courts to enforce reasonable restrictions on an employee's post-employment activities. Key Michigan rules: (1) Non-competes must protect a 'reasonable competitive business interest' — trade secrets, confidential information, specialized training, or customer relationships; (2) Scope must be reasonable: geographic territory; duration (Michigan courts have upheld 2-year restrictions; longer periods are scrutinized); scope of restricted activities; (3) Michigan courts CAN blue-pencil (modify) overbroad non-competes rather than voiding them entirely — a court can reduce the duration or geographic scope to make the agreement enforceable; (4) Consideration: must be supported by adequate consideration — for new hires, the job offer is sufficient; for existing employees, continued employment alone may be insufficient (a promotion, raise, or specific benefit is better consideration for non-competes imposed during employment); (5) Michigan enforces non-solicitation of employees and customer non-solicitation agreements separately under MARA. Unlike California (which prohibits most non-competes), Michigan is an enforcement state — non-competes are generally enforceable if reasonable. The trend nationally toward non-compete reform has not dramatically affected Michigan law.

Employment Laws in Michigan (2026)

Starting a employment law issue in Michigan: timesheet variance, complaint escalation path, and before the file hardens

Focused employment law guidance for Michigan on what deserves review before response, timesheet variance, and the early order that prevents drift.

Reviewed January 2026 3 min read Official-source grounded Ver en Espanol En Español

Key Takeaways

ELCRA: 1-employee coverage threshold; explicitly protects height/weight, marital status, sexual orientation, gender identity
Right-to-work repealed March 2023: unions can now negotiate union security (dues requirement) clauses in new CBAs
Minimum wage $10.33/hr (2024) rising annually; tipped workers $3.93/hr + tips to floor
Paid Medical Leave: 50+ employee employers must provide 40 hours/year (1 hr per 35 worked); smaller employers exempt
Non-competes enforced (MARA): reasonable geographic/time scope; courts can blue-pencil overbroad clauses

Key Numbers — Michigan All 50 states →

Filing Deadline 3 years

Fault Rule Modified Comparative

Insurance System No-Fault

Key Statute MCL § 600.5805

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Michigan Employment Law — Key Facts

Michigan minimum wage: $10.33/hr (2024); rising annually; tipped workers $3.93/hr (MCL 408.414)
Right-to-work state until 2023: Michigan repealed its right-to-work law in March 2023
Elliott-Larsen Civil Rights Act (ELCRA): Michigan's comprehensive anti-discrimination statute — broader than federal Title VII
Michigan Paid Medical Leave Act: employers of 50+ must provide up to 40 hours paid sick leave/year

Michigan's employment law landscape shifted significantly in 2023 when the state repealed its 2012 right-to-work law — one of the most significant labor law changes in recent Michigan history. Michigan's Elliott-Larsen Civil Rights Act is among the more comprehensive state anti-discrimination statutes, covering sexual orientation and gender identity explicitly since a 2022 Court of Appeals decision and subsequent legislative amendment. Michigan's minimum wage continues to increase, though the schedule has been subject to ballot initiative battles with the legislature.

Michigan Minimum Wage

Michigan's minimum wage is set under the Improved Workforce Opportunity Wage Act (MCL 408.414 et seq.). As of 2024, Michigan's minimum wage is $10.33/hour for most workers (raised from the previous rate; scheduled to increase further). Tipped employees can be paid $3.93/hour in cash wages with the expectation that tips bring total compensation to the minimum wage. Michigan has a separate minimum wage for minors under 18 and for employees in their first 90 days (training wage). Michigan's minimum wage history has been politically contentious: a 2018 ballot initiative would have raised it to $12/hr by 2022, but the legislature adopted and then amended the initiative, reducing the rate — the "adopt and amend" controversy was the subject of litigation that eventually went to the Michigan Supreme Court. Current rates continue to increase incrementally.

Elliott-Larsen Civil Rights Act (ELCRA)

Michigan's Elliott-Larsen Civil Rights Act (MCL 37.2101 et seq.) is Michigan's primary anti-discrimination statute, covering employment, housing, public accommodations, and education. Key features that distinguish ELCRA from federal law:

Coverage threshold: ELCRA covers employers with 1 or more employees (not 15+ like Title VII)
Sexual orientation and gender identity: The Michigan Supreme Court held in Rouch World v. Department of Civil Rights (2022) that "sex" under ELCRA includes sexual orientation and gender identity; the legislature codified this interpretation in 2023
Damages: ELCRA allows actual damages, compensatory damages, and attorney's fees; it is enforced through the Michigan Department of Civil Rights (MDCR) or directly in circuit court
Statute of limitations: 3-year SOL for ELCRA claims in circuit court; file MDCR complaint within 180 days of the discriminatory act

ELCRA's 1-employee coverage threshold is significantly broader than Title VII's 15-employee threshold, meaning very small Michigan employers are subject to state anti-discrimination law even if exempt from federal law.

Michigan's Right-to-Work Repeal (2023)

Michigan was a right-to-work state from 2012 until March 2023. Right-to-work laws prohibited unions from requiring employees to pay union dues or fees as a condition of employment. Michigan's legislature repealed the right-to-work law in 2023, restoring the ability of unions with collective bargaining agreements to negotiate "union security" clauses requiring represented employees to pay union dues or fees. Michigan's historically strong union culture (automotive industry; UAW) makes this change meaningful — the repeal allows unions to negotiate stronger membership requirements in new and renewed CBAs. The repeal does not automatically add union security clauses to existing contracts — it takes effect in new negotiations.

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