Governor Whitmer Signs Elliott-Larson Protections

On March 6, Governor Whitmer signed SB 4, now Public Act 6 of 2023, into law. The new law amends the Elliott-Larsen Civil Rights Elliott-Larsen Civil Rights Act (ELCRA) to prohibit discrimination based on sexual orientation and/or gender identity or expression.

The ELCRA statute prohibits discrimination in employment, public accommodations and public services, educational facilities, and housing and real estate based on religion, race, color, national origin, age, sex, height, weight, familial status, or marital status. With the passage of SB 4, sexual orientation and gender identity or expression are also protected classes.

The statutory changes apply to all entities, regardless of religious affiliation, including skilled nursing facilities and assisted living communities. The changes have an impact on both residents and staff, and HCAM recommends members work with their legal teams to ensure compliance with the statute.

The bill was passed without immediate effect, which means it will not take effect until 90 days after the legislature adjourns for the calendar year, which will likely not occur until fall or later.