Law / United States /
Michigan
Elliott-Larsen Civil Rights Act, public accommodations, public service and real estate financing (Act 453 of 1976)
In force since .
An AI sector rules rule binding public and private bodies.
- Enforcement body
- Michigan Department of Civil Rights and Civil Rights Commission
- Instrument type
- an act of a legislature
- Obligation class
- Prohibition
- Audit expectation
- on_request
- Who audits it
- Regulator
As of .
What it requires
- It reaches you if you operate as a place of public accommodation or public service, meaning a business, facility or institution whose goods, services, facilities, privileges, advantages, or accommodations are made available to the public (section 301): do not deny an individual the full and equal enjoyment of them because of religion, race, color, national origin, age, sex, sexual orientation, gender identity or expression, or marital status (section 302(a)).
- Do not print, circulate, post, mail, or otherwise publish a statement, advertisement, notice, or sign indicating that the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation or public service will be refused, withheld, or denied on those grounds (section 302(b)).
- If an application is made to you for financial assistance or financing in connection with a real estate transaction, or in connection with the construction, rehabilitation, repair, maintenance, or improvement of real property, do not discriminate against the applicant because of religion, race, color, national origin, age, sex, sexual orientation, gender identity or expression, familial status, or marital status of the applicant or an individual residing with the applicant (section 504(1)(a)).
- Do not use a form of application for financial assistance or financing, or make or keep a record or inquiry in connection with an application, that indicates, directly or indirectly, a preference, limitation, specification, or discrimination on those grounds, unless the form is one prescribed for the use of a lender regulated as a mortgagee under the national housing act or by a regulatory board or officer acting under the statutory authority of this state or the United States (section 504(1)(b) and (3)).
- If your business includes engaging in real estate transactions, do not discriminate on those grounds in purchasing loans for acquiring, constructing, improving, repairing, or maintaining a dwelling, or in making or purchasing loans or providing other financial assistance secured by residential real estate (section 504(2)).
If you get it wrong
Private right of actionYes
Penalty structure
The civil fine is available for a violation of article 5 only, in an amount directly related to the cost to the state of enforcing the Act. The ceiling is $10,000 for the first violation, $25,000 for the second violation within a 5-year period, and $50,000 for 2 or more violations within a 7-year period.
- Rule
- Fixed only
- As of
- Currency
- USD
- Fixed cap
- 10,000
What this law does
The Elliott-Larsen Civil Rights Act (Act 453 of 1976) declares it a civil right to have the full and equal utilization of public accommodations, public service, and educational facilities, and the opportunity to obtain employment, housing and other real estate, without discrimination because of religion, race, color, national origin, age, sex, sexual orientation, gender identity or expression, height, weight, familial status, or marital status as prohibited by the Act.
Section 302 provides that, except where permitted by law, a person shall not deny an individual the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation or public service because of religion, race, color, national origin, age, sex, sexual orientation, gender identity or expression, or marital status.
Section 302 also bars a person from printing, circulating, posting, mailing, or otherwise publishing a statement, advertisement, notice, or sign that indicates that this enjoyment will be refused, withheld, or denied on those grounds.
The Act defines a place of public accommodation as a business, or an educational, refreshment, entertainment, recreation, health, or transportation facility, or institution of any kind, whether licensed or not, whose goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold, or otherwise made available to the public.
Section 504 provides that a person to whom application is made for financial assistance or financing in connection with a real estate transaction, or in connection with the construction, rehabilitation, repair, maintenance, or improvement of real property, or a representative of that person, shall not discriminate against the applicant because of religion, race, color, national origin, age, sex, sexual orientation, gender identity or expression, familial status, or marital status of the applicant or an individual residing with the applicant.
Section 504 also bars that person from using a form of application for financial assistance or financing, or making or keeping a record or inquiry in connection with an application, that indicates, directly or indirectly, a preference, limitation, specification, or discrimination on those grounds.
The application form and record rule does not apply to a form of application for financial assistance prescribed for the use of a lender regulated as a mortgagee under the national housing act, or by a regulatory board or officer acting under the statutory authority of this state or the United States.
Section 504 also bars a person whose business includes engaging in real estate transactions from discriminating on those grounds in purchasing loans for acquiring, constructing, improving, repairing, or maintaining a dwelling, or in making or purchasing loans or providing other financial assistance secured by residential real estate.
The Act defines a person to include an individual, a corporation, a partnership, a trust, this state, a political subdivision or agency of this state, and any other legal or commercial entity. A person alleging a violation of the Act may bring a civil action for appropriate injunctive relief or damages, or both. A court may award all or a portion of the costs of litigation, including reasonable attorney fees and witness fees, to the complainant if it determines that the award is appropriate.
Action the Civil Rights Commission orders after a hearing may include a civil fine for a violation of article 5, not to exceed $10,000 for the first violation, $25,000 for the second violation within a 5-year period, and $50,000 for 2 or more violations within a 7-year period. The Department of Civil Rights receives, initiates, investigates, conciliates, and issues charges on complaints alleging a violation of the Act.
Section 302 was most recently amended by 2023 Act 6, effective . The Act took effect on .
Guidance on this law
How the bodies that enforce this law read it. Guidance binds nobody by itself, so LexLint never raises a finding from it; the duty is this law's.
- Michigan DIFS Bulletin 2026-03-BT/CF/CU, Use of Artificial Intelligence Systems by Financial Service Providers, the Michigan Department of Insurance and Financial Services
When LexLint raises it
When your app profile says your app provides financial services or makes high-risk automated decisions.