If you’ve experienced discrimination at work in Saginaw, Bay City, Midland, or anywhere in Central Michigan, you have rights under both federal law and Michigan’s own civil rights statute. The Mastromarco Firm has represented employees across the region for more than 40 years, and we know how to build a case that holds employers accountable.
What is Employment Discrimination?
Employment discrimination occurs when an employer treats an employee or job applicant unfairly or unfavorably due to certain characteristics that are protected by law. These protected characteristics typically include:
- Race
- Color
- Religion
- Sex
- National origin
- Age (40 or older)
- Disability
- Genetic information
- Pregnancy
- Sexual orientation and gender identity (in some jurisdictions)
Discrimination can take many forms, including biased hiring practices, unjust termination, unequal pay, failure to promote, and harassment in the workplace. In most countries, both federal and state/local laws protect employees from discrimination in various aspects of employment.
Types of Employment Discrimination
Race and Color Discrimination
Discriminating against employees or applicants based on their race or the color of their skin is a violation of employment law.
Example: Racial slurs, unequal pay based on race, or excluding someone from a job opportunity based on race.
Sex and Gender Discrimination
This involves unfair treatment based on an individual’s sex, gender, or gender identity.
Example: Paying women less than men for the same job, denying promotions to women based on their gender, or discriminating against transgender employees.
Age Discrimination
Discriminating against employees or job applicants based on age, especially those who are 40 years of age or older.
Example: Forced retirement, being passed over for promotions, or being subjected to unfavorable treatment due to age.
Disability Discrimination
Occurs when an employer treats a qualified individual with a disability unfavorably because of their disability.
Example: Failing to provide reasonable accommodations, terminating an employee with a disability, or not hiring someone based solely on their disability.
Religious Discrimination
This involves treating employees or applicants unfairly because of their religion or religious practices.
Example: Employers refusing to provide reasonable accommodations for employees’ religious beliefs, unless doing so would cause undue hardship.
Pregnancy Discrimination
Discriminating against an employee because of pregnancy, childbirth, or a medical condition related to pregnancy.
Example: Failing to treat pregnancy-related conditions the same as other temporary disabilities in terms of accommodations and job protections.
National Origin Discrimination
This occurs when an employee or applicant is treated unfairly due to their country of origin, ethnicity, or accent.
Example: Treating people unfavorably based on their connection to a particular ethnic group.
Genetic Information Discrimination
Involves discriminating against an individual based on genetic tests or family medical history.
Example: Employers using genetic information to make decisions about hiring, firing, or promotions.
Harassment
Unwelcome or offensive conduct related to any of the above protected categories, including racial slurs, unwanted sexual advances, or offensive jokes, which creates a hostile work environment.
Example: Employers failing to take steps to prevent harassment or properly address complaints.
Legal Protections Against Employment Discrimination
Title VII of the Civil Rights Act of 1964 – Prohibits discrimination based on race, color, religion, sex, and national origin.
Age Discrimination in Employment Act (ADEA) – Protects employees aged 40 or older from discrimination.
Americans with Disabilities Act (ADA) – Prohibits discrimination against qualified individuals with disabilities.
Genetic Information Nondiscrimination Act (GINA) – Prohibits discrimination based on genetic information.
Pregnancy Discrimination Act (PDA) – Amends Title VII to include discrimination based on pregnancy, childbirth, or related medical conditions.
Equal Pay Act of 1963 – Requires that men and women be given equal pay for equal work in the same establishment.
Michigan's Elliott-Larsen Civil Rights Act
In addition to federal protections, Michigan employees are covered by the Elliott-Larsen Civil Rights Act (MCL 37.2101 et seq.), one of the broader state civil rights laws in the country. Originally passed in 1976, it prohibits employment discrimination based on religion, race, color, national origin, age, sex, height, weight, and marital status — several categories, like height and weight, that federal law doesn’t cover at all. Following a 2022 Michigan Supreme Court ruling, its sex discrimination protections were also confirmed to extend to sexual orientation and gender identity. The Michigan Department of Civil Rights (MDCR) enforces the Act and investigates complaints.
What to Do if You Are a Victim of Employment Discrimination
If you believe you have been a victim of discrimination in the workplace, there are several steps you can take:
Document the Discrimination: Keep a record of discriminatory behavior, including dates, times, and the individuals involved.
File a Complaint with HR or Management: Many companies have internal procedures for reporting discrimination or harassment.
Contact the EEOC or Local State Agency: The EEOC handles federal discrimination claims, while some states have their own agencies for employment discrimination claims.
Consider Legal Action: You may want to consult with an attorney to understand your legal rights and options, which could include filing a lawsuit or settlement negotiations.
Relevant Legal Articles and Statutes
- Title VII of the Civil Rights Act of 1964 – 42 U.S.C. § 2000e-2 (prohibits discrimination based on race, color, religion, sex, or national origin)
- Age Discrimination in Employment Act (ADEA) – 29 U.S.C. § 623 (prohibits age discrimination against employees 40 years or older)
- Americans with Disabilities Act (ADA) – 42 U.S.C. § 12112 (prohibits discrimination against individuals with disabilities)
- Equal Pay Act of 1963 – 29 U.S.C. § 206(d) (requires equal pay for equal work regardless of gender)
- Genetic Information Nondiscrimination Act (GINA) – 42 U.S.C. § 2000ff-1 (prohibits discrimination based on genetic information)
- Pregnancy Discrimination Act (PDA) – 42 U.S.C. § 2000e(k) (amends Title VII to include pregnancy as a protected category)
Frequently Asked Questions for Employment Discrimination Lawyers
You generally have two options. You can file an administrative complaint with the Michigan Department of Civil Rights within 180 days of the discriminatory act, or you can file a civil lawsuit directly in Michigan state court under the Elliott-Larsen Civil Rights Act within three years — you don’t have to file with the MDCR first. Federal claims filed with the EEOC have their own, shorter deadlines, so it’s worth talking to an attorney as soon as possible after the discrimination occurs.
Yes. Michigan’s Elliott-Larsen Civil Rights Act protects several categories that federal law leaves out entirely, including height, weight, and marital status, in addition to the more familiar categories like race, sex, religion, national origin, and age. If you’re not sure whether what happened to you counts as illegal discrimination under Michigan law, a free consultation can help you find out.