Summary — HB 4751 (Elliott‑Larsen Civil Rights Act amendments)
Status / Key dates
- Introduced: March 13, 2025 (Rep. Josh Schriver et al.). Companion: SB 2827.
- Enacted: Signed by the Governor on June 20, 2025. Effective date: September 1, 2025.
- Committee and floor actions: Committee hearings and votes in April–May 2025; passed both chambers with amendments in May 2025.
Purpose
- HB 4751 amends the Elliott‑Larsen Civil Rights Act (1976 PA 453) to remove “sexual orientation” and “gender identity or expression” as protected categories. The bill revises the act’s title and multiple statutory sections to eliminate those classifications from the list of prohibited bases for discrimination.
What the bill changes (principal provisions)
- Removes sexual orientation and gender identity/expression from the list of protected characteristics in the Act’s title and Sec. 102 (declaration of civil rights).
- Deletes or modifies definitions in Sec. 103 that define “sexual orientation” and “gender identity or expression.”
- Amends multiple substantive sections that currently prohibit discrimination “because of … sexual orientation, gender identity or expression,” including (but not limited to) provisions governing:
- Employment (Sec. 202), employment agencies (Sec. 203), labor organizations (Sec. 204), and related workplace protections;
- Housing and real estate (Secs. 302, 302a);
- Public accommodations, public services, and education (Secs. 402, 502, 504, 505, 506);
- Other administrative, enforcement, and remedial provisions referenced throughout the Act.
- Retains other protected classes (religion, race, color, national origin, age, sex, height, weight, familial status, marital status) and preserves provisions addressing sex discrimination and sexual harassment.
Who is affected
- Primary: LGBTQ+ individuals in Michigan — removal of these categories narrows or eliminates state statutory protection against discrimination on those bases under Elliott‑Larsen.
- Secondary: employers, landlords, businesses, schools, labor organizations, and state/local agencies — their obligations and exposure to state administrative complaints and civil claims under Elliott‑Larsen would change.
- The Michigan Civil Rights Commission and Department of Civil Rights — enforcement focus and complaint handling under the Act would be altered where alleged discrimination relies solely on sexual orientation or gender identity.
Practical and legal implications
- Under HB 4751, conduct treated as unlawful discrimination under state law when motivated by sexual orientation or gender identity/expression would no longer be covered by the Elliott‑Larsen Act. This narrows state-level remedies and administrative relief for those claims.
- Federal law and interpretation remain relevant: federal protections (e.g., Title VII and U.S. Supreme Court precedent interpreting “sex” to include sexual orientation and gender identity) and local ordinances may continue to prohibit such discrimination regardless of state statutory change. The change could prompt litigation over preemption, scope of state versus federal protections, and interpretation of “sex” in state law.
Sections amended (excerpt)
- Title and sections amended: 102, 103, 202, 203, 204, 205, 206, 207, 209, 302, 302a, 402, 502, 504, 505, 506 (MCL 37.2102 et seq.).
