Michigan Compiled Laws

Mich. Comp. Laws § 37.2402 (2026)

Educational institution; prohibited practices.

✓ current as of July 2026
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ELLIOTT-LARSEN CIVIL RIGHTS ACT


Act 453 of 1976


37.2402 Educational institution; prohibited practices.

Sec. 402.

    An educational institution shall not do any of the following:

    (a) Discriminate against an individual in the full utilization of or benefit from the institution, or the services, activities, or programs provided by the institution because of religion, race, color, national origin, sex, sexual orientation, or gender identity or expression.

    (b) Exclude, expel, limit, or otherwise discriminate against an individual seeking admission as a student or an individual enrolled as a student in the terms, conditions, or privileges of the institution, because of religion, race, color, national origin, sex, sexual orientation, or gender identity or expression.

    (c) For purposes of admission only, make or use a written or oral inquiry or form of application that elicits or attempts to elicit information concerning the religion, race, color, national origin, age, sex, sexual orientation, gender identity or expression, or marital status of an individual, except as permitted by rule of the commission or as required by federal law, rule, or regulation, or pursuant to an affirmative action program.

    (d) Print or publish or cause to be printed or published a catalog, notice, or advertisement indicating a preference, limitation, specification, or discrimination based on the religion, race, color, national origin, sex, sexual orientation, or gender identity or expression, of an applicant for admission to the educational institution.

    (e) Announce or follow a policy of denial or limitation through a quota or otherwise of educational opportunities of a group or its members because of religion, race, color, national origin, sex, sexual orientation, or gender identity or expression.

    

    

History: 1976, Act 453, Eff. Mar. 31, 1977 ;-- Am. 1982, Act 512, Eff. Mar. 30, 1983 ;-- Am. 1993, Act 216, Imd. Eff. Oct. 29, 1993 ;-- Am. 2023, Act 6, Eff. Feb. 13, 2024

AdminRule Notes:

    R 37.1 et seq. of the Michigan Administrative Code.

Notes of Decisions
Cited in 27 cases (7 in the last 5 years), 1979–2025 · leading case: Communities for Equity v. Michigan High Sch. Athletic Ass'n, 178 F. Supp. 2d 805 (W.D. Mich. 2001).
Communities for Equity v. Michigan High Sch. Athletic Ass'n, 178 F. Supp. 2d 805 (W.D. Mich. 2001). · cites it 4× “Mich. Comp. Laws § 37.2402 First, “educational institutions” are prohibited from discriminating against individuals in their benefit from the institution, or services, activities, or programs provided by the institution, on the basis of an individual’s sex.”
Doe v. Baum, 227 F. Supp. 3d 784 (E.D. Mich. 2017). · cites it 4× “Mich. Comp. Laws § 37.2402 (a). Under that law, an educational institution may not “[e]xclude, expel, limit, or otherwise discriminate against an individual seeking admission as a student or an individual enrolled as a student in the terms, conditions, or privileges of the…”
Haynie v. Dep't of State Police, 664 N.W.2d 129 (Mich. 2003). · cites it 2× “2302), and education (MCL 37.2402) in a manner that would otherwise permit unwelcome conduct of a sexual nature, then it must agree that subsection 2103(i) merely clarified what the Civil Rights Act had already proscribed.”
Badiee v. Brighton Area Schs., 695 N.W.2d 521 (Mich. Ct. App. 2005). “[MCL 37.2402.] 24 The trial court granted summary disposition in favor of Auch on plaintiffs’ breach of contract count on the ground that there was no contract between Auch and Laser.”
Kassab v. Michigan Basic Prop. Ins., 491 N.W.2d 545 (Mich. 1992). · cites it 2× “548[204]) or educational institution (MCL 37.2402; MSA 3.548[402]) from expelling, an individual.”
Varlesi v. Wayne State Univ., 909 F. Supp. 2d 827 (E.D. Mich. 2012). · cites it 4× “of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance 20 U.”
Scalise v. Boy Scouts of Am., 692 N.W.2d 858 (Mich. Ct. App. 2005). “” MCL 37.2402. The equal accommodation act similarly guarantees that “[a]ll persons within the.”
Smith v. Univ. of Detroit, 378 N.W.2d 511 (Mich. Ct. App. 1985). · cites it 2× “Plaintiffs alleged that this racial discrimination, whether deliberate or not, violated § 402(1) of the Elliott-Larsen Civil Rights Act, MCL 37.2402(1); MSA 3.548(402)(1), which provides: "An educational institution shall not: "(a) Discriminate against an individual in the full…”
Bettina Winkler v. Marist Fathers of Detroit Inc, 909 N.W.2d 311 (Mich. Ct. App. 2017). · cites it 2× “[ MCL 37.2402.] Notably, the CRA provides an exception in MCL 37.”
Regents of Univ. v. State, 419 N.W.2d 773 (Mich. Ct. App. 1988). · cites it 2× “[MCL 37.2402; MSA 3.548(402)[ 1 ] Plaintiff is the constitutional body corporate known as the Regents of the University of Michigan.”
Communities for Equity v. Michigan High Sch. Athletic Ass'n, 26 F. Supp. 2d 1001 (W.D. Mich. 1998). “' Regarding § 37.2402, Defendants contend MHSAA and individual Defendants are not “educational institutions” subject to the statute’s strictures.”
Garrett v. Bd. of Educ. of Sch. D. of Detroit, 775 F. Supp. 1004 (E.D. Mich. 1991). · cites it 2× “” Mich. Comp.Laws Ann. §§ 37.2402(d), (e), (West 1985).”
— Mich. Comp. Laws § 37.2402(1) — 1 case
Smith v. Univ. of Detroit, 378 N.W.2d 511 (Mich. Ct. App. 1985). “Plaintiffs alleged that this racial discrimination, whether deliberate or not, violated § 402(1) of the Elliott-Larsen Civil Rights Act, MCL 37.2402(1); MSA 3.548(402)(1), which provides: "An educational institution shall not: "(a) Discriminate against an individual in the full…”
— Mich. Comp. Laws § 37.2402(a) — 6 cases
Gordon v. Traverse City Area Pub. Schs., 182 F. Supp. 3d 715 (W.D. Mich. 2016).
Jane Doe v. Alpena Pub. Sch. Dist. (Mich. Ct. App. 2025).
Safiedine v. City of Ferndale, 753 N.W.2d 260 (Mich. Ct. App. 2008).
— Mich. Comp. Laws § 37.2402(b) — 1 case
Senta Reyes v. Univ. of Michigan (Mich. Ct. App. 2016).
— Mich. Comp. Laws § 37.2402(d) — 1 case
Garrett v. Bd. of Educ. of Sch. D. of Detroit, 775 F. Supp. 1004 (E.D. Mich. 1991). “” Mich. Comp.Laws Ann. §§ 37.2402(d), (e), (West 1985).”
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