On July 28, The Michigan Supreme Court in Rouch World LLC et al v Michigan Department of Civil Rights et al, affirmed that the Elliot Larsen Civil Rights Act (ELCRA) prohibits discrimination because of an individual’s sexual orientation.
The owners of Rouch World denied a request to host the same-sex wedding of Natalie Johnson and Megan Oswalt at their facility, claiming that doing so would violate their religious beliefs. The owner of Uprooted Electrolysis had denied hair-removal services to Marissa Wolfe, a transgender woman, on the same basis.
The lower court ruled that when a person discriminates against someone who identifies with a gender different than that assigned at birth, then that is dissimilar treatment on the basis of sex and is prohibited under the ELCRA, relying in part on in Bostock v Clayton Co, 590 US ___, ___; 140 S Ct 1731 (2020).
The Michigan Supreme Court’s analysis focused on the proper interpretation of the word "sex” in ELCRA. Specifically, whether “sex” was restrictive and referred only to biological gender, or more broadly includes gender identity and sexual orientation. Using the more restrictive definition of the term “sex” and applying the but-for causation standard employed by the Bostock Court, the Supreme Court concluded that discrimination on the basis of sexual orientation necessarily involves discrimination because of sex in violation of the ELCRA.
The Supreme Court reasoned that a discriminator’s choice to “[d]eny an individual the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations,” on the basis of that individual’s sexual orientation is action that is dependent upon the individual’s sex. Furthermore, sexual orientation is “inextricably bound up with sex,” because a person’s sexual orientation is generally determined by reference to their own sex. (citing Bostock, 590 US at ___; 140 S Ct at 1742).
The Supreme Court found that plaintiff Rouch World denied female complainant Johnson’s request for services related to her wedding with female complainant Oswalt. Had Johnson instead been a male, Rouch World would not have denied its services. In other words, but for Johnson’s sex, Rouch World would have rendered its services to Johnson. In summary, where the discriminator tolerates certain characteristics in one sex but not the other, discrimination on the basis of sex has occurred.
Given the Supreme Court’s opinion, it is always advisable to consult your employment attorney before acting on situations involving ELCRA in the workplace. If you have any questions regarding the impact of this opinion on existing practices, policies, or handbooks, please contact your employment attorney.
Add a comment
Subscribe
RSSTopics
- Employment Liability
- Labor Law
- Employment Discrimination
- Wage & Hour
- Minimum Wage
- Department of Labor (DOL)
- Employment Agreement
- National Labor Relations Act
- Civil Rights
- Noncompete Agreements
- Equal Employment Opportunity Commission (EEOC)
- Human Resources
- National Labor Relations Board (NLRB)
- At Will Employment
- Contract Employees
- Fair Labor Standards Act (FLSA)
- COVID-19
- Americans With Disabilities Act (ADA)
- National Labor Relations Board
- Coronavirus
- Tax Law
- Family Medical Leave Act (FMLA)
- Whistleblower Protection Act
- Federal Trade Commission
- Regulatory Law
- Paid Medical Leave Act (PMLA)
- OSHA Issues
- Title VII
- Civil Litigation
- Settlements
- Retaliation
- Sick Leave
- Unemployment Benefits
- Workplace Harassment
- Contracts
- Transgender Issues
- Accommodations
- First Amendment
- Hostile Work Environment
- Business Risk Management
- Public Education
- ERISA
- Workers' Compensation
- Cannabis
- Department of Justice
- Medicare Issues
- LGBTQ
- Class Actions
- Sexual Harassment
- Garnishments
- Social Media
- Retail Liability
- RICO
- Emergency Information
- Uniformed Services Employment and Reemployment Rights Act (USERRA)
- Department of Education (DOE)
- Title IX
- Medical Marijuana
- Right to Work
- Health Insurance Portability and Accountability Act (HIPAA)
- Diversity
- Union Organizing & Relations
Recent Updates
- Civil Rights Litigation Filed by Christian Employers Gets New Life Following Federal Appellate Court Ruling
- Michigan Supreme Court Clarifies Minimum Wage Decision
- Judge Strikes Down Federal Ban on Non-compete Agreements
- Michigan Employers Can Legally Resist Union Organizing Efforts
- Michigan Supreme Court Decision Reinstates Previous Versions of Wage Laws
- Union Power in Michigan: Is it Real or Imagined?
- Employers Should act Now to Address Rising DOL Salary Thresholds for Exempt Employees
- Is This the end of the Employee Non-Compete Clause?
- Tax Considerations When Settling an Employment Claim 2.0
- DOL Finalizes Rule Tightening Independent Contractor Test