What are my rights against workplace harassment in Michigan?

1. Federal Floor. Title VII (15+ employees) and Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986), provide the federal floor.

2. State Statute & Agency. The Elliott-Larsen Civil Rights Act (ELCRA), MCL 37.2101 et seq., is enforced by the Michigan Department of Civil Rights (MDCR), with adjudication by the Michigan Civil Rights Commission. ELCRA covers employers with 1 or more employees (MCL 37.2201(a)).

3. Standard for Hostile Work Environment. Michigan applies the "severe or pervasive" standard articulated in Radtke v. Everett, 442 Mich. 368 (1993), and Quinto v. Cross & Peters Co., 451 Mich. 358 (1996).

4. Protected Categories. Religion, race, color, national origin, age, sex, height, weight, familial status, marital status, and (per the 2023 ELCRA amendment following Rouch World, LLC v. Dep't of Civil Rights, 510 Mich. 398 (2022)) sexual orientation and gender identity or expression.

5. Quid Pro Quo vs Hostile Environment. ELCRA recognizes both theories. Michigan follows Faragher/Ellerth on supervisor liability.

6. Employer Liability. Strict liability for supervisor harassment with tangible employment action; affirmative defense available otherwise.

7. Mandatory Training. Michigan has no statewide harassment-training mandate, though many employers voluntarily provide annual training.

8. Filing Deadline. EEOC: 300 days. MDCR: 180 days (Mich. Admin. Code R 37.4). Court actions under ELCRA: 3 years (MCL 600.5805(2)).

9. NDA Restrictions. Michigan has not enacted a broad statewide ban on sexual-harassment NDAs; federal Speak Out Act (2022) voids pre-dispute NDAs covering sexual harassment for federally protected workers.

This is legal information, not legal advice.