What happened?

On March 1, 2023, the Michigan Senate passed SB 4, which expands anti-discrimination protections.

What are the details?

The expansion prohibits discrimination against both employees and applicants.

The Legislature added “sexual orientation, gender identity or expression, height, weight, and marital status” as protected categories under the statute, expanding the protected classes that are covered under the act.

Consider that the Michigan Supreme court includes sexual orientation and gender identity as a broader interpretation of sex, which is protected under the Act.

Business Considerations

• Review your anti-discrimination policies to ensure they are inclusive of the expanded protected classes (sexual orientation, gender identity or expression, height, weight, and marital status)
• Ensure your HR department provides this update to your management staff and schedule any necessary training for employees to mitigate risk.
  
  

Resources

• SB 4
• Rouch World, LLC v. Department of Civil Rights, Michigan Supreme Court

Source References

• • Michigan Legislature adjourns before Thanksgiving (CBS Broadcasting Inc.)
• • Michigan Extends Employment Law Protections to Prohibit Discrimination Based on Sexual Orientation and Gender Identity (Foley & Lardner LLP)
• • Gov. Whitmer Signs Bipartisan Legislation Expanding Rights and Freedoms for LGBTQ+ Michiganders
• • Michigan Lawmakers Seek to Expand Workplace Protections for LGBTQ Workers (Fisher & Phillips LLP.)

Need help understanding how changes to employment laws will affect your business?

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