Michigan (MI) Discrimination Laws in the Workplace

Investigation into the Michigan employment discrimination laws in the workplace shows that this state is very specific in regard to many things. With the huge labor union (United Auto Workers) being a major part of the employee sector, I have to wonder how much the UAW has had to do with the employment discrimination laws in the workplace which Michigan currently has in play.

In Michigan, it is illegal to discriminate on the basis of age, arrest record, color, height, marital status, national origin, physical or mental disability (including AIDS and HIV), race, religion, sex, and weight. Small businesses are also accountable under Michigan statutes.

Claims in Michigan can be filed with one of two agencies: the state agency, the Michigan Department of Civil Rights (MDCR), or the federal agency, the Equal Employment Opportunity Commission (EEOC). These agencies will work together to resolve you claim as long as you file in one agency and request that your claim be cross-filed with the other. The EEOC can be contacted at 313-226-7636 or TTY: 313-226-7599. There are a variety of offices to contact the MDCR.

Claims through the MDCR must be filed within 180 days of the date of the discriminatory act while you have 300 days of this act to file with the EEOC. Because of the difference in deadlines it is best to first file through the MDCR and then have them cross-file your claim with the EEOC. File early to avoid delays due to legalities in the filing process as these delays can push your past the deadline. Retaining an attorney is a big help, but is not required.

If your claim is not resolved by these agencies, you may need to pursue it in court. Michigan does not require you to file with the KCHR before you file a case in the state courts, but the federal courts do require that you file your claim through the EEOC before you are able to file in the federal court system. Additionally, the EEOC must release your claim by giving you one of two documents: “Dismissal and Notice of Rights,” or “Right to Sue.” A claim filed in federal court must be filed within 90 days of receiving either of the above documents. Lawsuits filed in Maine’s state court system have a 3 year time limit from the time the discriminatory act occurred.

Given all of the above, the Michigan employment discrimination laws in the workplace give employees within the state a lot of protection from discriminatory practices. However, it is important that claims are begun as soon as possible because some cases of discrimination have shorter deadlines than those listed above.

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