Michigan Supreme Court expands retaliation liability under state’s civil rights law

In a recent ruling that could have important implications for employers’ disciplinary actions, the Michigan Supreme Court has expanded the scope of retaliation claims under the Elliott-Larsen Civil Rights Act (ELCRA).

Facts

Lisa and Cedric Griffey are a married couple who were both employed by the Michigan Department of Corrections (MDOC). Lisa filed a formal harassment complaint against their employer alleging she was subjected to a racially hostile work environment. Following her complaint, Cedric became the subject of several internal MDOC investigations.

Subsequently, MDOC employees Richard Miller and Brent Whitman, who were Cedric’s friends, were discharged and claimed it was retaliatory because of their association with the Griffeys. The resulting lawsuit eventually made its way to the Michigan Supreme Court.

Key holdings

The Michigan Supreme Court held that the ELCRA supports retaliation claims not only against the individual who is reporting unlawful conduct but also against other employees who have a close relationship with the reporting individual.

The ruling clarifies that retaliation protections extend to “associational” claims, meaning adverse actions taken against employees based on their association with someone who has opposed a violation of the ELCRA are prohibited.