11 Jul Michigan’s Elliott-Larsen Civil Rights Act is Amended to Prohibit Race-Based Hair Discrimination and Provide Abortion Discrimination Protections
Recently, Michigan amended the Elliott-Larsen Civil Rights Act (ELCRA) to expand employee protections in the areas of race and sex. On June 15, 2023, Governor Gretchen Whitmer signed Michigan’s version of the “Creating a Respectful and Open World for Natural Hair Act” (CROWN Act) into law, joining 22 other states with similar laws. Under Michigan’s CROWN Act, which took immediate effect, it is now illegal for employers to discriminate against persons based on traits historically associated with race, including, but not limited to, hair texture and protective hairstyles. For purposes of this definition, “protective hairstyles” minimally includes hairstyles such as braids, locks, and twists.
While Michigan’s CROWN Act seeks to protect a person’s hair texture and protective hairstyle, questions remain, however, as to how far the new law’s protections may reach when considering the phrase “traits historically associated with race.” In fact, this phrase leaves the door open for courts and the Michigan Department of Civil Rights to broadly interpret the new law as protecting other characteristics “historically associated with race” such as speech or clothing.
In addition to signing the CROWN Act into law, Governor Whitmer also signed into law Public Act 31 on May 17, 2023, which amended the ECLRA to expand sex discrimination protections to persons who terminate a pregnancy. Under Public Act 31 employers are now prohibited from discriminating against employees based on their decision to terminate a pregnancy. This amendment will become effective sometime in March 2024.
As a result of these new laws, employers should update their employee handbooks and personnel policies accordingly. If you have questions, please contact Masud Labor Law Group for any assistance you may need.