Workplace discrimination remains one of the most damaging and persistent challenges Michigan employees face. To combat these injustices, the state enacted the Elliott-Larsen Civil Rights Act (ELCRA)—one of the strongest and most comprehensive anti-discrimination laws in the country. ELCRA protects employees from bias in hiring, firing, promotions, pay, training, discipline, and all workplace conditions, providing Michigan workers rights that go beyond federal law in many critical areas.

Discrimination is rarely obvious. In today’s workplaces, it often appears as subtle comments, sudden shifts in treatment, unexplained discipline, being passed over for promotions, or being excluded from opportunities others receive. These quiet—but powerful—forms of bias can erode an employee’s dignity and career. That is why legal guidance is essential. Understanding your rights under ELCRA and recognizing early warning signs can make the difference between lost opportunities and full accountability.

For nearly three decades, Attorney Scott Batey has been recognized as a leading employment law advocate in Michigan—representing workers across Metro Detroit who have faced discrimination, harassment, and retaliation. His reputation for strong, strategic, and results-oriented representation has made Batey Law a trusted resource for employees in some of the region’s most prominent industries, including healthcare, education, automotive, financial services, manufacturing, and corporate business sectors.

What Is ELCRA?

The Elliott-Larsen Civil Rights Act (ELCRA) is Michigan’s state law prohibiting discrimination in employment. While federal law—such as Title VII—also protects employees, ELCRA is often broader, stronger, and applies to more workplaces.

How ELCRA Differs From Federal Law

• Coverage: ELCRA applies to employers with one or more employees, while Title VII only applies to employers with 15 or more employees. This means many smaller Michigan businesses are still covered under state law.
• Protected Classes: ELCRA protects more characteristics than federal law, including marital status, height, and weight, and as of 2023 explicitly protects sexual orientation and gender identity.
• Flexibility in Filing: ELCRA claims can be brought directly in state court without first filing with a federal agency.

Key Protections for Michigan Workers

Under ELCRA, employers cannot discriminate in:

• Hiring
• Promotions
• Pay and benefits
• Discipline
• Training opportunities
• Job assignments
• Termination
• Workplace environment and conditions

Why ELCRA Matters

ELCRA is especially important when:

• The employer is too small to fall under federal law
• Federal deadlines were missed
• The discrimination involves categories not protected under Title VII
• The employee prefers Michigan courts

For Michigan workers, ELCRA is often the strongest—and most powerful—tool to stop discriminatory treatment.

Protected Classes Under ELCRA

Race

Includes racially biased decisions, stereotypes, harsher discipline, or discriminatory hiring/promotion practices.

Color

Differential treatment based solely on skin tone or complexion.

Religion

Includes denying reasonable accommodations, punishing observance of religious practices, or fostering a hostile environment.

Sex / Gender

Covers gender bias, sexual harassment, pregnancy discrimination, and unequal pay for substantially similar work.

Sexual Orientation & Gender Identity

As of 2023, ELCRA explicitly protects LGBTQ+ employees—prohibiting discrimination based on sexual orientation, gender identity, and gender expression.

Age

Unlike federal law, ELCRA protects all workers 18 and older, not just those over 40.

National Origin

Protects individuals from discrimination due to ethnicity, ancestry, language, or accent.

Marital Status

Prohibits employers from making decisions based on whether an employee is married, single, divorced, or widowed.

Height & Weight

Unique to Michigan, ELCRA prevents unfair treatment based on physical characteristics unrelated to job performance—common in hiring and promotion decisions.

Common Forms of Workplace Discrimination

Hiring Bias

Qualified candidates repeatedly passed over while less qualified individuals from a different demographic group are chosen.

Unequal Pay

Employees performing similar work but receiving lower wages, bonuses, or benefits due to protected characteristics.

Promotion Denials

Management consistently promoting employees outside your protected group, despite your strong qualifications or tenure.

Discipline Disparities

Receiving harsher punishment than coworkers for similar conduct—or being written up for conduct others routinely engage in without consequence.

Hostile Work Environment

Includes harassment, slurs, exclusion, intimidation, unwanted comments, or offensive conduct based on a protected class.

Constructive Discharge

When the workplace becomes so intolerable that any reasonable employee would feel forced to resign—legally treated as a termination.

Retaliation for Complaints

Even though retaliation is its own legal claim, it frequently occurs alongside discrimination. Employees who speak up often face reduced hours, demotion, exclusion, poor reviews, or termination.

How to Document Workplace Discrimination

Keep a Detailed Timeline of Events

Write down every discriminatory incident, including:

• Dates
• Times
• Who was involved
• What was said or done
• How others were treated in similar situations

This timeline becomes essential evidence when establishing patterns of bias.

Save Emails, Messages, Reviews, and Disciplinary Records

Electronic evidence often reveals contradictions, double standards, or retaliatory behavior. Preserve:

• Emails from supervisors or HR
• Text messages
• Performance evaluations
• Write-ups or PIP documents
• Schedule changes or demotion notices

These documents help expose shifts in treatment and pretextual discipline.

Gather Names of Witnesses

Coworkers who observed discriminatory comments or unfair treatment can be valuable witnesses. Even if they’re reluctant to speak now, they may cooperate later when contacted by your attorney.

Follow Your Employer’s Reporting Procedures

Use internal reporting channels when possible, such as HR complaints or ethics hotline submissions. This creates a documented record that you did speak up—which protects you if retaliation occurs.

Do Not Delete Anything

Even after termination or resignation, do not destroy notes, documents, or communications. Evidence is critical, and employees often lose access to systems immediately after reporting.

Contact an Attorney Before Filing with EEOC or MDCR

Employees often file improperly or too early, weakening future claims. Attorney Scott Batey evaluates whether you should file with the Michigan Department of Civil Rights (MDCR), the EEOC, or proceed directly in court—helping preserve the strongest path forward.

Filing a Discrimination Claim Under ELCRA

How and Where ELCRA Claims Can Be Filed

You may bring a claim:

• Directly in Michigan state court,
• By filing a charge with the Michigan Department of Civil Rights (MDCR), or
• Through the Equal Employment Opportunity Commission (EEOC) (which can cross-file with MDCR in many cases)

Unlike federal laws requiring agency filing before litigation, ELCRA allows workers to go straight to court—an advantage in many cases.

Statute of Limitations

ELCRA has a three-year statute of limitations for filing claims in court. However, waiting too long can make gathering evidence more difficult.

Differences Between Filing with MDCR vs. Going to Court

MDCR Filing:

• Administrative investigation
• Potential mediation
• Slower timelines
• Limited access to employer documents

Direct Court Filing:

• Faster discovery process
• Stronger access to evidence (emails, internal documents, witness testimony)
• Ability to seek full damages

Why Calling an Attorney First Matters

Employees often unknowingly weaken their cases by:

• Filing incomplete or inaccurate discrimination charges
• Missing deadlines
• Giving statements that employers later use against them

Attorney Scott Batey ensures your complaint is strategically positioned for success—whether that means negotiation, litigation, or both.

How Batey Law Proves Workplace Discrimination

Conducting a Full Legal and Factual Investigation

Batey Law builds the case from every angle:

• Review of personnel files
• Interviews with witnesses
• Examination of HR communications
• Assessment of timelines and performance records

Identifying Discriminatory Patterns and Inconsistencies

We compare how you were treated versus:

• Coworkers outside your protected class
• Company policies and typical discipline practices
• Performance standards applied to others

Patterns often reveal systemic bias.

Analyzing Emails, Policies, Records, and Testimony

Internal documents frequently contradict the employer’s “official” explanation. We uncover:

• Contradictory statements
• Suspicious timing
• Bias-laden comments
• Selective policy enforcement

Using Timing to Prove Intent

If negative treatment began immediately after:

• Reporting harassment
• Requesting accommodations
• Announcing pregnancy
• Filing an internal complaint

…this timing can be powerful evidence of discrimination or retaliation.

Building Cases for Negotiation, Mediation, or Litigation

From day one, Batey Law prepares your case as if it will go to trial—strengthening your position in every negotiation and ensuring you have leverage.

Fighting Aggressively to Secure Compensation and Accountability

Whether through settlement or litigation, the goal is always the same: justice for Michigan employees who were treated unfairly and unlawfully.

Stand Up Against Workplace Discrimination — Let Batey Law Fight for You

Discrimination destroys careers, confidence, and financial stability—but you don’t have to navigate it alone. Attorney Scott Batey has spent nearly three decades fighting for Michigan employees who were mistreated, overlooked, or targeted because of who they are. When your dignity, livelihood, and future opportunities are on the line, Batey Law Firm delivers the strategic, powerful advocacy needed to hold employers accountable and protect your rights.

Whether you are experiencing discrimination right now, were recently terminated, or are considering filing an ELCRA claim, getting legal guidance early can make all the difference. You deserve fairness. You deserve answers. And you deserve a lawyer who is relentless in the pursuit of justice.

Contact Batey Law Firm, PLLC

30200 Telegraph Rd., Suite 400
Bingham Farms, MI 48025

Phone: 248-540-6800
Email: sbatey@bateylaw.com
Website: www.bateylaw.com