Elliott-Larsen Civil Rights Act — protected classes and employer coverage
Michigan's Elliott-Larsen Civil Rights Act (ELCRA) prohibits employment discrimination based on religion, race, color, national origin, age, sex, sexual orientation, gender identity or expression, height, weight, familial status, and marital status. The Act defines "employer" as a person with one or more employees, covering substantially smaller employers than federal Title VII (which requires 15 employees). The prohibition on discrimination based on sexual orientation and gender identity or expression became effective February 13, 2024, under 2023 PA 6.
Source: Mich. Comp. Laws § 37.2102 (protected classes); Mich. Comp. Laws § 37.2201(a) (employer definition)
ELCRA civil lawsuit — three-year statute of limitations
An individual alleging a violation of ELCRA may bring a civil action in Michigan circuit court for injunctive relief or damages (including injury or loss caused by the violation), or both. The statute of limitations for such civil actions is three years from the date of the alleged discriminatory act. Courts may award reasonable attorney fees and witness fees to a prevailing complainant.
Source: Mich. Comp. Laws § 37.2801 (civil action and remedies); Mich. Comp. Laws § 37.2802 (attorney fees); Mich. Comp. Laws § 600.5805(10) (three-year limitations period)
ELCRA enforcement — dual paths with no administrative exhaustion requirement
Michigan's Elliott-Larsen Civil Rights Act provides two independent enforcement paths for individuals alleging workplace discrimination: filing an administrative complaint with the Michigan Department of Civil Rights (MDCR) or bringing a civil lawsuit directly in circuit court. Unlike federal anti-discrimination statutes such as Title VII of the Civil Rights Act of 1964, ELCRA does not require a complainant to exhaust administrative remedies before filing suit. A complainant may pursue either path or both paths.
Direct civil action under MCL 37.2801
Michigan Compiled Laws § 37.2801(1) states: "A person alleging a violation of this act may bring a civil action for appropriate injunctive relief or damages, or both." The statute imposes no precondition of filing with or obtaining approval from MDCR. The civil action may be brought in the circuit court for the county where the alleged violation occurred or where the respondent resides or has a principal place of business. MCL 37.2801(2). As used in this section, "damages" means damages for injury or loss caused by each violation of ELCRA, including reasonable attorney's fees. MCL 37.2801(3). The statute of limitations for a civil action under ELCRA is three years from the date of the alleged discriminatory act. MCL 600.5805(10).
Alternative MDCR administrative complaint process
A complainant may instead (or additionally) file an administrative complaint with MDCR. The administrative filing deadline is 180 days from the alleged discriminatory act. If the incident falls within MDCR's jurisdiction and the 180-day window, MDCR prepares a formal complaint for the complainant to sign and return. Once MDCR receives the signed complaint, it is placed on the docket and a copy is sent to both the claimant and the respondent. MDCR then conducts an impartial investigation; during the investigation, both the claimant and respondent have the opportunity to present evidence. The investigation may include a site visit, interviews with witnesses, and analysis of documents. MDCR may schedule a conference with both parties to explore possible resolutions.
Contrast with federal Title VII exhaustion requirement
The ELCRA's direct-access structure diverges sharply from federal employment-discrimination law. Under Title VII, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA), a complainant must file a charge with the Equal Employment Opportunity Commission (EEOC) and receive a right-to-sue notice before bringing a federal court action. In Michigan, a deferral state, the EEOC filing deadline is 300 days from the alleged discriminatory act. ELCRA eliminates this administrative gate entirely: a complainant may proceed straight to circuit court without ever contacting MDCR, and the three-year statute of limitations affords substantially more time to file than the EEOC's 300-day window or MDCR's 180-day administrative deadline.
No election of remedies
Because the statute authorizes a civil action without requiring administrative exhaustion or any reference to MDCR proceedings, a complainant is not required to choose between the two paths. The MDCR administrative process and the circuit court civil action operate independently. Filing an MDCR complaint does not preclude filing or continuing a civil lawsuit, and filing a civil lawsuit does not preclude filing or continuing an MDCR complaint, subject to the respective deadlines (180 days for MDCR, three years for circuit court).
Source: Mich. Comp. Laws § 37.2801 (civil action, venue, damages); Mich. Comp. Laws § 600.5805(10) (three-year limitations period); MDCR Complaint Investigation Process (180-day administrative deadline and investigation procedures)