New Law Prohibits Employment Discrimination Based on Abortion

On May 17, 2023, Michigan enacted a new law, Senate Bill (SB) 147, that prohibits employers from discriminating against individuals based on termination of pregnancy. SB 147 is expected to go into effect on March 20, 2024.

As of March 28, 2024, employers may not discriminate based on termination of a pregnancy or related medical conditions.

Anti-Discrimination Law Background

Michigan’s existing Elliot-Larsen Civil Rights Act (ELCRA) prohibits all employers in the state from discriminating against employees and applicants based on certain characteristics known as protected traits. One of these traits is sex, which is defined to include pregnancy, childbirth and related medical conditions. However, the ELCRA specifically excludes “nontherapeutic abortion not intended to save the life of the mother” from this definition.

Important Information

New Abortion Protection
Michigan has enacted a new law that protects employees and applicants against employment discrimination based on pregnancy termination.

2024 Effective Date
The new law’s effective date depends on when the state legislature adjourns. The law is currently expected to go into effect on March 20, 2024.

Expanded Definition of Sex

SB 147 amends the ELCRA so that the term “sex” includes, but is not limited to, not only pregnancy, childbirth, and any related condition but also the termination of a pregnancy and related medical conditions. In general, this means employers may not discriminate against an individual because the individual had an abortion, regardless of the reason for the abortion.

Same Treatment as Those With Similar Ability

The new law also specifies that employers may not treat an individual affected by pregnancy, childbirth, the termination of a pregnancy or a related medical condition differently for any employment-related purpose from another individual who is not so affected but similar in ability or inability to work.

Enforcement

Employers that violate the new law may be sued in court and ordered to pay damages, attorney’s fees and court costs.