Michigan Workplace Harassment Laws: ELCRA 1-Employee Rule (2026)

Workplace harassment is unlawful in Michigan under the Elliott-Larsen Civil Rights Act (ELCRA), which bars an employer from discriminating against an individual with respect to "a term, condition, or privilege of employment" because of a protected trait (MCL 37.2202(1)(a)) and states that "Discrimination because of sex includes sexual harassment" (MCL 37.2103(k)). The act reaches almost every employer: an "employer" is "a person that has 1 or more employees, and includes an agent of that person" (MCL 37.2201(a)).

That one-employee rule sets Michigan apart from federal law, and Michigan's Supreme Court has added two more: a hostile-environment claim is judged by what a reasonable person in the employee's position would perceive, and an agent of the employer may be sued individually. For other states, see workplace harassment laws by state.

Information last verified on 2026-10-20. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Michigan state law on workplace harassment by employers, supervisors and coworkers under the Elliott-Larsen Civil Rights Act, MCL 37.2101 et seq. (chiefly 37.2103, 37.2201, 37.2202, 37.2701 and 37.2801 to 37.2803), with the leading Michigan Supreme Court decisions on the hostile-environment standard and liability. It does not cover wrongful firing or the full complaint and lawsuit procedure (see Michigan wrongful termination), disability discrimination, damages estimates, criminal harassment or stalking, harassment outside employment, local ordinances, or federal-employee procedure.

Michigan harassment rules at a glance

What ELCRA prohibits

ELCRA handles harassment in two layers. Its general employment clause, MCL 37.2202(1)(a), provides that an employer shall not:

"(a) Fail or refuse to hire or recruit, discharge, or otherwise discriminate against an individual with respect to employment, compensation, or a term, condition, or privilege of employment, because of religion, race, color, national origin, age, sex, sexual orientation, gender identity or expression, height, weight, or marital status." (MCL 37.2202(1)(a))

The act then defines sexual harassment expressly, as part of sex discrimination. MCL 37.2103(k) reads:

"(k) Discrimination because of sex includes sexual harassment. Sexual harassment means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communication of a sexual nature under the following conditions: (i) Submission to the conduct or communication is made a term or condition either explicitly or implicitly to obtain employment, public accommodations or public services, education, or housing. (ii) Submission to or rejection of the conduct or communication by an individual is used as a factor in decisions affecting the individual's employment, public accommodations or public services, education, or housing. (iii) The conduct or communication has the purpose or effect of substantially interfering with an individual's employment, public accommodations or public services, education, or housing, or creating an intimidating, hostile, or offensive employment, public accommodations, public services, educational, or housing environment." (MCL 37.2103(k))

Conditions (i) and (ii) describe quid pro quo harassment, where submission is made a condition of the job or is used in job decisions. Condition (iii) describes a hostile environment. The definition applies only to sexual harassment; harassment because of race, religion, age or another listed trait has no separate definition and reaches ELCRA through the term, condition, or privilege clause in 37.2202(1)(a).

The subsection lettering has moved over the years. The sexual harassment definition is lettered (k) in the current text, and older court decisions cite it as 37.2103(i) or (h).

Which Michigan employers are covered

ELCRA's employer definition has no headcount floor beyond one: "'Employer' means a person that has 1 or more employees, and includes an agent of that person" (MCL 37.2201(a)). A business with a single employee is covered, for sexual harassment and for harassment on every other trait the act lists. Section 37.2202 does not apply to the employment of an individual by the individual's parent, spouse, or child (MCL 37.2202(3)).

Federal law draws the line much higher. Title VII defines a covered employer as one with "fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year" (42 U.S.C. 2000e(b)), so many small Michigan employers are reached only by ELCRA. The federal layer is explained on the workplace harassment laws hub.

Protected traits under ELCRA

MCL 37.2202(1)(a) lists religion, race, color, national origin, age, sex, sexual orientation, gender identity or expression, height, weight and marital status. ELCRA's list is broader than Title VII's: it names height, weight, marital status, sexual orientation, and gender identity or expression expressly.

Two definitions widen the list further:

• Pregnancy: "'Sex' includes, but is not limited to, pregnancy, childbirth, the termination of a pregnancy, or a related medical condition" (MCL 37.2201(d)), added by 2023 Public Act 31, effective February 13, 2024.
• Hair texture and protective hairstyles: "'Race' is inclusive of traits historically associated with race, including, but not limited to, hair texture and protective hairstyles. For purposes of this definition, 'protective hairstyles' includes, but is not limited to, such hairstyles as braids, locks, and twists" (MCL 37.2103(j)).

Sexual orientation and gender identity or expression were added to the employment clause by 2023 Public Act 6, effective February 13, 2024.

Disability and genetic information do not appear in ELCRA's list. Michigan's Persons with Disabilities Civil Rights Act bars an employer of 1 or more employees from discriminating in the terms, conditions, or privileges of employment because of a disability or genetic information unrelated to the individual's ability to perform the job (MCL 37.1201, 37.1202(1)(b)); this page does not cover that act in detail.

The hostile environment standard

ELCRA's text sets the core of the test: conduct that has "the purpose or effect of substantially interfering with an individual's employment" or "creating an intimidating, hostile, or offensive employment" environment (MCL 37.2103(k)(iii)). The Michigan Supreme Court explained how that language is applied in Radtke v. Everett, 442 Mich. 368 (1993):

"We hold that a hostile work environment claim is actionable when the work environment is so tainted that, in the totality of the circumstances, a reasonable person in the plaintiff's position would have perceived the conduct at issue as substantially interfering with employment or having the purpose or effect of creating an intimidating, hostile, or offensive employment environment. Additionally, we hold that although a single incident of sexual harassment is generally insufficient to constitute a hostile work environment, a single incident may be sufficient if severe harassment is perpetrated by an employer in a closely knit working environment." (Radtke v. Everett, 442 Mich. 368 (1993))

The "substantially interfering" and "reasonable person" language comes from the statute and Radtke. No ELCRA section adopts or departs from a "severe or pervasive" formula, which is the federal phrasing explained on the hub.

Employer responsibility

For a hostile work environment, the Michigan Supreme Court has tied an employer's responsibility to notice and response. In Elezovic v. Ford Motor Co., 472 Mich. 408 (2005), the court stated:

"It is the case in this area of the law that employer responsibility for sexual harassment can be established only if the employer had reasonable notice of the harassment and failed to take appropriate corrective action." (Elezovic v. Ford Motor Co., 472 Mich. 408 (2005))

Quoting its earlier decision in Chambers v. Trettco, Inc., 463 Mich. 297 (2000), the court added that an employer "can be vicariously liable for a hostile work environment only if it 'failed to take prompt and adequate remedial action upon reasonable notice of the creation of a hostile [work] environment.'" This notice-and-response rule comes from case law, not from the text of ELCRA.

Quid pro quo harassment is treated differently. In Chambers v. Trettco, Inc., 463 Mich. 297 (2000), the court explained that "[v]icarious liability exists in the case of quid pro quo harassment because the quid pro quo harasser, by definition, uses the power of the employer to alter the terms and conditions of employment," citing Champion v. Nation Wide Security, Inc., 450 Mich. 702 (1996).

Can an individual supervisor be sued?

Yes, under Elezovic. Because ELCRA's definition of employer "includes an agent of that person" (MCL 37.2201(a)), the Michigan Supreme Court held: "We hold that an agent may be individually sued under § 37.2202(1)(a) of the CRA. Thus, we overrule Jager v Nationwide Truck Brokers, Inc, 252 Mich App 464, 485 (2002), because it held to the contrary." The holding speaks of an agent of the employer; it rests on the agent clause in the employer definition.

Retaliation and aiding or abetting

MCL 37.2701 provides that "Two or more persons shall not conspire to, or a person shall not: (a) Retaliate or discriminate against a person because the person has opposed a violation of this act, or because the person has made a charge, filed a complaint, testified, assisted, or participated in an investigation, proceeding, or hearing under this act. (b) Aid, abet, incite, compel, or coerce a person to engage in a violation of this act." The section is written to apply to "a person," not only to employers.

A firing after a complaint, and how it fits with Michigan's default employment rule, is covered on the Michigan at-will employment and Michigan wrongful termination pages.

Deadlines and where to file

ELCRA offers an agency route and a court route.

• Michigan Department of Civil Rights (MDCR): the department states: "If you believe you have been the victim of unlawful discrimination within the past 180 days, you can file a complaint online or by calling 1-800-482-3604."
• Court: "A person alleging a violation of this act may bring a civil action for appropriate injunctive relief or damages, or both" (MCL 37.2801(1)), and the act "shall not be construed to diminish the right of a person to direct or immediate legal or equitable remedies in the courts of the state" (MCL 37.2803). ELCRA's civil-action sections do not state their own filing period. Michigan's general limitations statute provides that "the period of limitations is 3 years after the time of the death or injury for all actions to recover damages for the death of a person or for injury to a person or property" (MCL 600.5805(2)). The Michigan Supreme Court applied that section to Civil Rights Act claims in Garg v. Macomb County Community Mental Health Services, 472 Mich. 263 (2005), holding that it "requires a plaintiff to commence an action within three years of each adverse employment act by a defendant." Some employment agreements shorten that period. In Rayford v. American House Roseville I, LLC (Mich. July 31, 2025), an ELCRA harassment case, the court held that "an adhesive boilerplate employment agreement that shortens a limitations period must be examined for reasonableness" and is subject to defenses such as unconscionability.
• Federal charge: the EEOC states that its "180 calendar day filing deadline is extended to 300 calendar days if a state or local agency enforces a law that prohibits employment discrimination on the same basis," and that in harassment cases a charge is due "within 180 or 300 days of the last incident of harassment." The EEOC's Detroit Field Office states that in Michigan an individual has 300 days from alleged harm to file a charge against an employer with 15 or more employees, and that charges against smaller employers must be filed with the state agency within its 180-day limit.

The full complaint and lawsuit procedure and remedies are on the Michigan wrongful termination page. The Michigan employment discrimination settlement calculator is an estimating tool, not a prediction of any outcome.

Training and written policies

ELCRA's employment article, MCL 37.2201 to 37.2211, contains no requirement that a private employer provide harassment training, adopt a written anti-harassment policy or post a harassment notice. The training section in that article, MCL 37.2205, concerns something else: it bars discrimination by an employer, labor organization or joint labor-management committee "controlling an apprenticeship, on the job, or other training or retraining program."

NDAs, confidentiality and arbitration

ELCRA contains no provision limiting nondisclosure, confidentiality or arbitration terms in harassment agreements or settlements. Federal law adds limits for sexual harassment disputes: the Speak Out Act makes nondisclosure and nondisparagement clauses agreed to before a sexual harassment dispute arises judicially unenforceable where the conduct is alleged to violate federal, tribal or state law, and the Ending Forced Arbitration Act lets the person alleging sexual harassment elect court over a predispute arbitration agreement; both are explained on the workplace harassment laws hub.

Is workplace bullying illegal in Michigan?

ELCRA reaches harassment because of the traits it lists. It contains no provision on general workplace bullying that is not tied to one of those traits, such as hostility toward an employee for reasons unrelated to religion, race, color, national origin, age, sex, sexual orientation, gender identity or expression, height, weight or marital status.

Documenting harassment and workplace monitoring

The rules on recording a conversation at work, including a conversation with a harasser, are on the Michigan workplace recording laws page. Employer monitoring of email, devices and workspaces is covered on the Michigan employee monitoring laws page.

Recent changes to Michigan harassment law

• 2023: Public Act 6 added sexual orientation and gender identity or expression to ELCRA's employment clause, effective February 13, 2024.
• 2023: Public Act 31 added the definition of sex that includes pregnancy, childbirth, the termination of a pregnancy, or a related medical condition (MCL 37.2201(d)), effective February 13, 2024.
• 2023: Public Act 45 amended the definitions section, MCL 37.2103, with immediate effect on June 15, 2023; the current text of that section includes the hair texture and protective hairstyle definition of race.

Related pages

• Workplace harassment laws by state
• Michigan wrongful termination
• Michigan at-will employment laws
• Michigan employee monitoring laws
• Michigan workplace recording laws

This article provides general legal information about Michigan workplace harassment law under the Elliott-Larsen Civil Rights Act, MCL 37.2101 et seq., as of 2026-10-20. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Michigan or the Michigan Department of Civil Rights.

Last updated: 2026-10-20.

Frequently Asked Questions

Is workplace harassment illegal in Michigan?

Yes. The Elliott-Larsen Civil Rights Act bars an employer from discriminating in a term, condition, or privilege of employment because of a protected trait (MCL 37.2202(1)(a)), and it defines sexual harassment as a form of sex discrimination (MCL 37.2103(k)).

Does Michigan harassment law apply to small employers?

Yes. ELCRA defines an employer as a person that has 1 or more employees, including an agent of that person (MCL 37.2201(a)). The same threshold applies to sexual harassment and to harassment on the other traits the act lists. MCL 37.2202 does not apply to employment of an individual by the individual's parent, spouse, or child.

What counts as a hostile work environment in Michigan?

ELCRA covers conduct that has the purpose or effect of substantially interfering with employment or creating an intimidating, hostile, or offensive employment environment (MCL 37.2103(k)(iii)). In Radtke v. Everett (1993), the Michigan Supreme Court held this is judged in the totality of the circumstances by a reasonable person in the plaintiff's position.

Can a supervisor be sued personally for harassment in Michigan?

In Elezovic v. Ford Motor Co. (2005), the Michigan Supreme Court held that an agent may be individually sued under MCL 37.2202(1)(a), because ELCRA's definition of employer includes an agent of that person.

How long do you have to file a harassment complaint in Michigan?

The Michigan Department of Civil Rights accepts complaints of discrimination within the past 180 days. For a lawsuit under ELCRA, the general limitations period for actions for injury to a person or property is 3 years (MCL 600.5805(2)), which the Michigan Supreme Court counts from each adverse employment act (Garg, 2005); a shorter period in an employment agreement is reviewed for reasonableness (Rayford, 2025). The EEOC Detroit Field Office states that in Michigan an individual has 300 days from alleged harm to file a federal charge against an employer with 15 or more employees.

What traits does Michigan's civil rights act protect at work?

MCL 37.2202(1)(a) lists religion, race, color, national origin, age, sex, sexual orientation, gender identity or expression, height, weight, and marital status. Sex includes pregnancy and related conditions, and race includes hair texture and protective hairstyles. Disability and genetic information are covered by a separate statute, the Persons with Disabilities Civil Rights Act (MCL 37.1202).

Does Michigan require sexual harassment training?

ELCRA's employment article (MCL 37.2201 to 37.2211) contains no harassment-training or written-policy requirement for private employers.

Is it illegal to retaliate for reporting harassment in Michigan?

Yes. MCL 37.2701(a) bars retaliation against a person who opposed a violation of ELCRA or made a charge, filed a complaint, testified, assisted, or participated in an investigation, proceeding, or hearing under the act.