Michigan EEO Rights: Don't Let Discrimination Win!

Michigan's workplace fairness laws provide crucial protections for employees. The Equal Employment Opportunity Commission Michigan (EEOC Michigan) plays a vital role in enforcing these laws, ensuring that individuals are not subjected to discrimination based on protected characteristics. Legal recourse is available to those who experience workplace discrimination, allowing them to seek justice and compensation. The Michigan Department of Civil Rights (MDCR) collaborates with the EEOC Michigan to investigate and resolve discrimination complaints, fostering a fairer work environment for everyone.

Image taken from the YouTube channel Fight Employment Discrimination , from the video titled Evidence to Advance an EEOC Claim- Tips for Employees .

Understanding Your Michigan EEO Rights: A Guide

This guide outlines your rights under Michigan law regarding equal employment opportunity. It focuses on how the Equal Employment Opportunity Commission (EEOC) and Michigan's own laws protect you from workplace discrimination.

What is Equal Employment Opportunity (EEO)?

Equal Employment Opportunity (EEO) means that everyone has the right to a fair chance at a job, promotion, or other employment benefits, regardless of certain protected characteristics. These characteristics are defined by both federal and state laws. In Michigan, these laws aim to create a level playing field in the workplace.

Protected Characteristics in Michigan

Michigan law prohibits discrimination based on several characteristics, expanding upon federal protections. Key protected characteristics include:

• Race: Includes ancestry, ethnic characteristics, and interracial marriage.
• Color: Refers to pigmentation, complexion, or skin shade.
• Religion: Covers all aspects of religious observance and practice, as well as belief.
• National Origin: Encompasses ancestry, place of birth, or cultural origin.
• Age: Protected for individuals 40 years of age or older.
• Sex: Includes pregnancy, childbirth, or related medical conditions, sexual orientation, and gender identity or expression.
• Height:
• Weight:
• Marital Status:
• Familial Status: (Housing only)
• Disability: Both physical and mental disabilities are protected.
• Genetic Information:

The Role of the Equal Employment Opportunity Commission (EEOC) Michigan

The Equal Employment Opportunity Commission (EEOC) is a federal agency responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of their race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, age (40 or older), disability, or genetic information. In Michigan, the EEOC has jurisdiction over employers with 15 or more employees.

How the EEOC Works in Michigan

1. Filing a Charge: If you believe you have been discriminated against, you can file a charge with the EEOC. This must be done within 180 days of the alleged discriminatory act. This timeframe may be extended to 300 days if a state or local agency enforces a law prohibiting the same type of discrimination. Michigan does have such a law.
2. Investigation: The EEOC will investigate your charge to determine if there is reasonable cause to believe discrimination occurred.
3. Mediation: The EEOC may offer mediation to attempt to resolve the charge between you and your employer.
4. Determination: If the EEOC finds reasonable cause, it will attempt to reach a settlement with the employer. If a settlement cannot be reached, the EEOC may file a lawsuit against the employer in federal court. If the EEOC finds no reasonable cause, it will issue a "right to sue" letter, allowing you to file your own lawsuit.

Where to File an EEOC Charge in Michigan

You can file a charge with the EEOC online, by mail, or in person at an EEOC office. The nearest EEOC office to you can be found on the EEOC's website, using their field office locator.

Michigan's Elliott-Larsen Civil Rights Act

Michigan's Elliott-Larsen Civil Rights Act (ELCRA) is a state law that prohibits discrimination in employment, housing, education, and public accommodations. Unlike the EEOC, ELCRA covers smaller employers (those with 1 or more employees) in Michigan.

Key Provisions of the Elliott-Larsen Civil Rights Act

• Coverage: Extends to a broader range of employers than federal law, including those with as few as one employee.
• Protected Characteristics: Protects against discrimination based on the same characteristics as the EEOC, and importantly, also includes height, weight and marital status, which are not protected under Federal Law..
• Enforcement: Allows individuals to file lawsuits directly in state court.

Differences Between EEOC and ELCRA Claims

What Actions Constitute Discrimination?

Discrimination can manifest in many forms. Some common examples include:

• Hiring: Refusing to hire someone because of a protected characteristic.
• Firing: Terminating someone's employment because of a protected characteristic.
• Promotions: Denying someone a promotion because of a protected characteristic.
• Pay: Paying someone less than someone else for the same work because of a protected characteristic.
• Harassment: Creating a hostile work environment through offensive jokes, slurs, or other forms of harassment related to a protected characteristic.
• Retaliation: Taking adverse action against an employee for reporting discrimination or participating in an investigation.

Steps to Take If You Experience Discrimination

1. Document Everything: Keep a detailed record of all incidents of discrimination, including dates, times, locations, witnesses, and specific details of what happened.
2. Report the Discrimination: Follow your employer's internal complaint procedures.
3. File a Charge/Lawsuit: As appropriate, file a charge with the EEOC or a lawsuit under the Elliott-Larsen Civil Rights Act. Consult with an attorney to determine the best course of action.
4. Preserve Evidence: Gather any relevant documents, emails, or other evidence that supports your claim.

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