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What Elliott-Larsen Amendments Mean for Michigan Employers

June 9, 2023

Courtesy of Warner Norcross + Judd

This episode of the Law Shanty features Warner attorneys Steve Palazzolo and Ashley Chrysler as they discuss recent amendments to the Elliott-Larsen Civil Rights Act. Public Act 6 of 2023 was signed by Governor Gretchen Whitmer on March 16, 2023, adding sexual orientation and gender identity to the list of protected categories. In addition, Governor Whitmer signed Public Act 36 of 2023 on May 17, 2023, adding terminating a pregnancy to the definition of sex under Elliott-Larsen. Under Elliott-Larsen, it is illegal for employers to terminate, fail to hire, fail to recruit or otherwise discriminate against an employee based on these factors. Steve and Ashley address the tension created by these amendments related to the interplay between an individual’s right to terminate a pregnancy and an employer/corporation’s rights under the First Amendment. Ashley and Steve also explore the Free Exercise Clause in the First Amendment and past SCOTUS decisions to help clarify what these changes mean for employers.

Click on this video link to learn more about the recent amendments to the Elliott-Larsen Civil Rights Act.

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