Mich. Comp. Laws § 37.2201

Definitions.

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ELLIOTT-LARSEN CIVIL RIGHTS ACT

Act 453 of 1976

37.2201 Definitions.

Sec. 201.

As used in this article:

(a) "Employer" means a person that has 1 or more employees, and includes an agent of that person.

(b) "Employment agency" means a person regularly undertaking with or without compensation to procure, refer, recruit, or place an employee for an employer or to procure, refer, recruit, or place for an employer or person the opportunity to work for an employer and includes an agent of that person.

(i) An organization of any kind, or an agency or employee representation committee, group, association, or plan, in which employees participate and that exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment.

(ii) A conference, general committee, joint or system board, or joint council that is subordinate to a national or international labor organization.

(iii) An agent of a labor organization.

(d) "Sex" includes, but is not limited to, pregnancy, childbirth, the termination of a pregnancy, or a related medical condition.

History: 1976, Act 453, Eff. Mar. 31, 1977 ;-- Am. 1978, Act 153, Imd. Eff. May 22, 1978 ;-- Am. 1980, Act 202, Imd. Eff. July 18, 1980 ;-- Am. 2023, Act 31, Eff. Feb. 13, 2024

Notes of Decisions

Cited in 151 cases (41 in the last 5 years), 1979–2026 · leading case: Elezovic v. Ford Motor Co.

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Elezovic v. Ford Motor Co. (2005) mich · cites it 20× “" Mich. Comp. Laws § 37.2201 (a). Thus, ELCRA undeniably envisions placing liability on individuals, such as two-member business entities where one person is the principal and the other person serves as the employee.”

Elezovic v. Ford Motor Co. (2007) michctapp · cites it 20× “The CRA does not specifically define the term "agent" of the employer, see MCL 37.2201, and no published decision of this Court or the Michigan Supreme Court has yet interpreted the contours of this term as it appears in the CRA.”

Haynie v. Department of State Police (2003) mich · cites it 8× “§ 37.2201 (emphasis added). Therefore, this definition of "sex" is only applicable to article two.”

McClements v. Ford Motor Co. (2005) mich · cites it 6× “§ 37.2201(1)(a). [13] Thus, contrary to the concurrence* dissent's position, the fact that plaintiff produced some evidence that defendant had the ability to "affect or control a term, condition, or privilege of plaintiff's employment," post at 176, is not sufficient to present…”

Hamed v. Wayne County (2011) mich · cites it 4× “’”24 Independent action, intended solely to further the employee’s individual interests, cannot be fairly characterized as falling 20 Id.”

Elezovic v. Ford Motor Co. (2004) michctapp · cites it 10× “§ 37.2201(a).] "Person" means an individual, agent, association, corporation, joint apprenticeship committee, joint stock company, *785 labor organization, legal representative, mutual company, partnership, receiver, trust, trustee in bankruptcy, unincorporated organization, the…”

Rymal v. Baergen (2004) michctapp · cites it 3× “Under MCL 37.2201(a) of the CRA, an "employer" is defined as a "person" *252 with one or more employees, and a "person" is defined as including a corporation, MCL 37.”

Rymal v. Baergen (2004) michctapp · cites it 3× “*293 Under MCL 37.2201(a) of the CRA, an “employer” is defined as a “person” with one or more employees, and a “person” is defined as including a corporation, MCL 37.”

Sniecinski v. Blue Cross & Blue Shield of Michigan (2003) mich · cites it 2× “] The CRA defines "sex," within the meaning of the above section, as "`[s]ex' includes, but is not limited to, pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.”

in Re Bradley Estate (2013) mich · cites it 2× “2103(g), MCL 37.2201(a), and MCL 37.2202 (defining “employer” to expressly include state actors who are in turn liable for certain discriminatory conduct); and the Persons with Disabilities Civil Rights Act, MCL 37.”

Jager v. Nationwide Truck Brokers, Inc (2002) michctapp · cites it 4× “On appeal, this Court addressed whether the trial court erred in failing to dismiss the individual defendants and found that the trial court did not err in denying a directed verdict with respect to the two individuals’ claim that they were not employers within the meaning of…”

Barrett v. Kirtland Community College (2001) michctapp · cites it 2× “] The definition section of the act also provides the following in regard to the term “sex”: “ ‘Sex’ includes, but is not limited to, pregnancy, childbirth, or a medical condition related to pregnancy or childbirth .”

Show all 151 citing cases →

— Mich. Comp. Laws § 37.2201(1)(a) — 2 cases

McClements v. Ford Motor Co. (2005) mich “§ 37.2201(1)(a). [13] Thus, contrary to the concurrence* dissent's position, the fact that plaintiff produced some evidence that defendant had the ability to "affect or control a term, condition, or privilege of plaintiff's employment," post at 176, is not sufficient to present…”

Milissa McClements v. Ford Motor Co (2005) mich

— Mich. Comp. Laws § 37.2201(2)(a) — 1 case

DEPT. OF CIVIL RIGHTS EX REL. BURNSIDE v. Fashion Bug of Detroit (2005) mich

— Mich. Comp. Laws § 37.2201(a) — 61 cases

Elezovic v. Ford Motor Co. (2005) mich “" Mich. Comp. Laws § 37.2201 (a). Thus, ELCRA undeniably envisions placing liability on individuals, such as two-member business entities where one person is the principal and the other person serves as the employee.”

Elezovic v. Ford Motor Co. (2007) michctapp “The CRA does not specifically define the term "agent" of the employer, see MCL 37.2201, and no published decision of this Court or the Michigan Supreme Court has yet interpreted the contours of this term as it appears in the CRA.”

Hamed v. Wayne County (2011) mich “’”24 Independent action, intended solely to further the employee’s individual interests, cannot be fairly characterized as falling 20 Id.”

Elezovic v. Ford Motor Co. (2004) michctapp “§ 37.2201(a).] "Person" means an individual, agent, association, corporation, joint apprenticeship committee, joint stock company, *785 labor organization, legal representative, mutual company, partnership, receiver, trust, trustee in bankruptcy, unincorporated organization, the…”

— Mich. Comp. Laws § 37.2201(a)(1) — 1 case

Johnson v. Fifth Third Bank (2015) mied

— Mich. Comp. Laws § 37.2201(b) — 1 case

Scott Vandercook v. State Police (2023) michctapp

— Mich. Comp. Laws § 37.2201(c)(i) — 1 case

Scott Vandercook v. State Police (2023) michctapp

— Mich. Comp. Laws § 37.2201(d) — 19 cases

Haynie v. Department of State Police (2003) mich “§ 37.2201 (emphasis added). Therefore, this definition of "sex" is only applicable to article two.”

Sniecinski v. Blue Cross & Blue Shield of Michigan (2003) mich “] The CRA defines "sex," within the meaning of the above section, as "`[s]ex' includes, but is not limited to, pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.”

Barrett v. Kirtland Community College (2001) michctapp “] The definition section of the act also provides the following in regard to the term “sex”: “ ‘Sex’ includes, but is not limited to, pregnancy, childbirth, or a medical condition related to pregnancy or childbirth .”

Koester v. City of Novi (1998) mich

DEPARTMENT OF CIVIL RIGHTS Ex Rel JONES v. DEPARTMENT OF CIVIL SERVICE (1980) michctapp

— Mich. Comp. Laws § 37.2201(l)(a) — 1 case

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