Michigan Department of Civil Rights (MDCR) Charge of Discrimination

CHARGE OF DISCRIMINATION — MICHIGAN DEPARTMENT OF CIVIL RIGHTS

MICHIGAN DEPARTMENT OF CIVIL RIGHTS

P.O. Box 30661, Lansing, MI 48909-8161

Toll-Free: (800) 482-3604 | TTY: 7-1-1 | https://www.michigan.gov/mdcr

MDCR Charge No.: [________________________________] (assigned by MDCR)

EEOC Charge No.: [________________________________] (assigned by EEOC for dual-filed charges)

Date Filed: [____/____/________]

TABLE OF CONTENTS

1. Filing Designations
2. Charging Party (Complainant)
3. Respondent
4. Jurisdictional Allegations and Filing Timeliness
5. Bases of Discrimination
6. Issues / Adverse Actions
7. Statement of Particulars
8. Comparators and Pattern Evidence
9. Damages and Relief Sought
10. Witnesses and Documentary Evidence
11. Verification
12. Election of Remedies and Reservation of Rights
13. Counsel of Record
14. Practice Notes — Michigan / MDCR
15. Sources and References

1. FILING DESIGNATIONS

☐ This Charge is filed under the Michigan Elliott-Larsen Civil Rights Act, MCL § 37.2101 et seq.

☐ This Charge is filed under the Michigan Persons with Disabilities Civil Rights Act, MCL § 37.1101 et seq.

☐ Dual-File with the U.S. Equal Employment Opportunity Commission (EEOC) under the EEOC–MDCR Worksharing Agreement and 29 C.F.R. § 1601.13. (Mark this box for Title VII, ADA, ADEA, or GINA coverage.)

☐ Cross-File with the U.S. Department of Housing and Urban Development (HUD) under the Fair Housing Act. (Mark this box for housing-related charges.)

☐ Confidentiality requested to the extent permitted by Michigan FOIA, MCL § 15.231 et seq., and MDCR rules.

2. CHARGING PARTY (COMPLAINANT)

3. RESPONDENT

4. JURISDICTIONAL ALLEGATIONS AND FILING TIMELINESS

4.1. The most recent discriminatory act occurred on [DATE].

4.2. This Charge is filed within 180 days of the most recent discriminatory act, satisfying MCL § 37.2602(1).

4.3. [If dual-filed] This Charge is filed within 300 days of the most recent discriminatory act, satisfying 42 U.S.C. § 2000e-5(e)(1) for the dual-filed Title VII / ADA / ADEA / GINA component.

4.4. [If continuing-violation theory applies] The acts complained of constitute a continuing violation; Charging Party reserves the right to recover for related acts predating the 180-day window pursuant to National Railroad Passenger Corp. v. Morgan, 536 U.S. 101 (2002) (hostile-environment context), and Sumner v. Goodyear Tire & Rubber Co., 427 Mich. 505 (1986).

4.5. Respondent is an "employer," "place of public accommodation," "housing provider," or "educational institution" within the meaning of the applicable Michigan statute.

4.6. The discriminatory conduct occurred in the State of Michigan, vesting MDCR with jurisdiction.

5. BASES OF DISCRIMINATION

Charging Party alleges discrimination based on the following protected classification(s):

☐ Race / Color

☐ Religion

☐ National Origin / Ancestry

☐ Sex (including pregnancy and pregnancy-related conditions)

☐ Age (40 and over)

☐ Height

☐ Weight

☐ Marital Status

☐ Familial Status

☐ Sexual Orientation (expressly protected by ELCRA effective 2024 per 2023 PA 6)

☐ Gender Identity or Expression (expressly protected by ELCRA effective 2024 per 2023 PA 6)

☐ Disability (PWDCRA; ADA dual-file)

☐ Genetic Information (GINA dual-file only — no parallel Michigan claim)

☐ Retaliation for opposing discrimination or participating in a protected proceeding (MCL § 37.2701)

6. ISSUES / ADVERSE ACTIONS

Charging Party alleges that Respondent engaged in the following adverse action(s):

☐ Failure to hire

☐ Discharge / termination

☐ Constructive discharge

☐ Layoff / reduction in force

☐ Failure to promote

☐ Demotion

☐ Discipline (write-up, suspension, performance improvement plan)

☐ Compensation / pay differential / unequal benefits

☐ Denial of reasonable accommodation (disability and/or religion)

☐ Harassment / hostile work environment

☐ Sexual harassment

☐ Denial of leave (FMLA, parental, religious observance)

☐ Job assignment / segregation

☐ Training denial

☐ Retaliation

☐ Refusal of public accommodation / unequal service

☐ Refusal to rent / sell / finance housing

☐ Steering / redlining

☐ Other: [________]

7. STATEMENT OF PARTICULARS

7.1. Charging Party began employment with Respondent on [DATE] as a [POSITION], at [LOCATION], earning $[AMOUNT] per [hour / week / year].

7.2. Charging Party is a member of the following protected class(es): [LIST].

7.3. [For disability claims] Charging Party is a person with a disability under MCL § 37.1103(d) and the ADA, in that [describe impairment and limitations on major life activities].

7.4. Throughout employment, Charging Party performed the essential functions of the position satisfactorily, as evidenced by [performance reviews, promotions, commendations, awards].

7.5. Beginning on or about [DATE], Respondent, through [NAME / TITLE], subjected Charging Party to adverse treatment because of Charging Party's protected status. Specifically:

• On [DATE], [NAME / TITLE] [describe specific incident — words spoken, conduct, decision].
• On [DATE], [NAME / TITLE] [describe specific incident].
• On [DATE], [NAME / TITLE] [describe specific incident].

7.6. [For accommodation claims] On [DATE], Charging Party requested [describe specific accommodation] to allow performance of the essential functions of the position. Respondent [denied the request / failed to engage in the interactive process / offered an inadequate alternative] on [DATE].

7.7. [For retaliation claims] On [DATE], Charging Party engaged in the following protected activity: [describe — internal complaint / EEOC charge / participation in investigation / opposition to unlawful conduct]. Thereafter, Respondent took the following materially adverse actions: [describe with dates].

7.8. The adverse action(s) culminated in [discharge / demotion / constructive discharge / denial of accommodation / etc.] on [DATE].

7.9. Respondent's stated reasons for the adverse action(s) are pretextual. The true motive was Charging Party's protected class and/or protected activity, as evidenced by:

• [Direct evidence — discriminatory remarks by decision-maker];
• [Temporal proximity between protected activity and adverse action];
• [Disparate treatment of comparators];
• [Shifting / inconsistent explanations];
• [Pattern of similar conduct toward other class members].

7.10. As a direct and proximate result, Charging Party has suffered lost wages and benefits, lost future earnings, emotional distress, humiliation, anxiety, and damage to professional reputation.

8. COMPARATORS AND PATTERN EVIDENCE

8.1. Similarly situated individuals outside Charging Party's protected class were treated more favorably:

8.2. [If applicable] Other members of Charging Party's protected class — including [NAMES OR DESCRIPTIONS] — have experienced similar adverse treatment, suggesting a pattern or practice of discrimination.

8.3. [If applicable] Respondent's workforce demographics, promotion patterns, or compensation distributions reflect statistical disparities consistent with discrimination.

9. DAMAGES AND RELIEF SOUGHT

Charging Party requests that MDCR investigate this Charge and pursue all available statutory remedies, including:

• A. Cease-and-desist order against Respondent;
• B. Reinstatement to former position with full seniority and benefits;
• C. Back pay with interest from [DATE] to date of reinstatement, currently estimated at $[AMOUNT];
• D. Front pay where reinstatement is not feasible;
• E. Reasonable accommodation [specify];
• F. Compensatory damages for emotional distress, humiliation, and other non-economic harm;
• G. Exemplary damages where supported by malice or reckless indifference;
• H. Posting of MDCR notices;
• I. Anti-discrimination training for Respondent's management and workforce;
• J. Affirmative-action plan or workforce-monitoring requirement;
• K. Costs and reasonable attorney fees pursuant to MCL § 37.2802 and MCL § 37.1606;
• L. Any further relief authorized by MCL § 37.2605 or otherwise just and equitable.

10. WITNESSES AND DOCUMENTARY EVIDENCE

10.1. Witnesses (with knowledge of relevant facts):

10.2. Documentary evidence in Charging Party's possession (please attach copies):

☐ Offer letter and employment contract

☐ Job description and essential-functions list

☐ Performance evaluations

☐ Pay records / W-2s / pay stubs

☐ Disciplinary records

☐ Internal complaints and HR correspondence

☐ Email and text messages reflecting discriminatory conduct

☐ Termination letter / separation notice

☐ Medical documentation supporting accommodation request

☐ Comparator personnel records (if accessible)

☐ Audio recordings (where lawful under Michigan's one-party-consent rule, MCL § 750.539c)

☐ Photographs / video / surveillance

☐ Other: [________]

11. VERIFICATION

I, [CHARGING PARTY NAME], declare under penalty of perjury under the laws of the State of Michigan that I have read the foregoing Charge of Discrimination and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

[________________________________]

[CHARGING PARTY SIGNATURE]

Date: [__/__/____]

STATE OF MICHIGAN

COUNTY OF [COUNTY]

Subscribed and sworn to before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public, [COUNTY] County, Michigan

My Commission Expires: [_______________]

Acting in the County of: [_______________]

12. ELECTION OF REMEDIES AND RESERVATION OF RIGHTS

12.1. By filing this Charge, Charging Party invokes the administrative remedies of MDCR but does NOT waive the right to file a civil action under MCL § 37.2801 (ELCRA), MCL § 37.1606 (PWDCRA), 42 U.S.C. § 1981, 42 U.S.C. § 1983, Title VII, the ADA, the ADEA, or any other applicable federal or state law.

12.2. Charging Party reserves the right to amend this Charge to add additional bases, issues, or respondents as the investigation may reveal. See Mich. Admin. Code R. 37.4 (amendment of charge).

12.3. [If dual-filed] Charging Party requests that EEOC issue a Notice of Right to Sue at the earliest available date, consistent with 29 C.F.R. § 1601.28, in order to preserve the option of federal-court litigation.

12.4. Charging Party reserves the right to withdraw this Charge to pursue a direct civil action under MCL § 37.2801 or MCL § 37.1606. See Marsh v. Dep't of Civil Rights, 277 Mich. App. 14 (2007) (election-of-remedies analysis).

13. COUNSEL OF RECORD

[ATTORNEY NAME] (P[#####])

[LAW FIRM NAME]

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

Counsel for Charging Party

Date: [DATE]

By: [________________________________]

14. PRACTICE NOTES — MICHIGAN / MDCR

• 180-day deadline (state). MCL § 37.2602(1) requires that an MDCR charge be filed within 180 days of the most recent discriminatory act. Missing this deadline forecloses MDCR enforcement, but does NOT necessarily bar a direct civil action under MCL § 37.2801 / § 37.1606, which carries a three-year limitations period under MCL § 600.5805(2).
• 300-day deadline (federal dual-file). Because Michigan is a "deferral state" with an EEOC worksharing agreement, the EEOC charge filing deadline for dual-filed Title VII / ADA / ADEA / GINA claims is 300 days, per 42 U.S.C. § 2000e-5(e)(1). A single MDCR filing within 300 days satisfies the EEOC requirement.
• MDCR contact information.
• Toll-free: (800) 482-3604
• TTY: 7-1-1
• Mailing address: P.O. Box 30661, Lansing, MI 48909-8161
• Online portal: https://dtmb.state.mi.us/MDCRRequestforService
• Website: https://www.michigan.gov/mdcr
• Regional offices: Detroit, Lansing, Grand Rapids, Marquette
• Investigation process. After charge intake, MDCR prepares a formal complaint for the claimant's signature. Once docketed, MDCR notifies the respondent and requests a position statement. MDCR conducts an impartial investigation that may include witness interviews, document subpoenas, and on-site review. MDCR may attempt conciliation before issuing a determination. See MCL § 37.2603.
• Outcomes. MDCR may issue a finding of "Cause" or "No Cause." A "Cause" finding may lead to conciliation, formal hearing under MCL § 37.2605, or referral to the Attorney General. A claimant dissatisfied with a "No Cause" determination may file a civil action directly in circuit court under MCL § 37.2801. See Marsh v. Dep't of Civil Rights, supra.
• 2023 PA 6 / SB 4 — ELCRA SO/GI expansion. Senate Bill 4 of 2023, signed by Governor Whitmer on March 16, 2023, expressly added "sexual orientation" and "gender identity or expression" as protected classes under ELCRA. The amendment took effect in early 2024 (sources variously cite February 13, 2024 and March 16/March 31, 2024 — counsel must confirm the precise effective date for incidents arising near that period). Pre-amendment SO/GI claims may proceed under ELCRA's sex-discrimination prong per Rouch World, LLC v. Dep't of Civil Rights, 510 Mich. 398 (2022).
• Direct civil action option. Unlike Title VII and the ADA, ELCRA and PWDCRA do not require administrative exhaustion. A claimant may proceed directly to circuit court under MCL § 37.2801 / § 37.1606 without filing an MDCR charge. The strategic choice depends on:
• Resource constraints (MDCR investigation is free; civil litigation is not);
• Damages exposure (circuit court permits jury trial and uncapped compensatory and exemplary damages);
• Evidence-development needs (MDCR investigators have subpoena power);
• Speed (MDCR processing times often exceed 12 months);
• Forum considerations (jury demographics, judicial assignment).
• Anti-retaliation. MCL § 37.2701 prohibits retaliation against any person who has filed a charge, opposed a discriminatory practice, or participated in an MDCR proceeding. Any post-filing adverse action is independently actionable; counsel should monitor for retaliatory conduct and amend the charge to add retaliation as appropriate.
• No statutory damages cap. Both ELCRA and PWDCRA carry no cap on compensatory or exemplary damages. This is a major strategic advantage over Title VII (capped by employer size at 42 U.S.C. § 1981a) and the ADA (same cap). Always preserve state-law claims in any dual-filing strategy.
• Individual supervisor liability. Under Elezovic v. Ford Motor Co., 472 Mich. 408 (2005), individual supervisors may be personally liable under ELCRA. Where the conduct of a specific supervisor warrants individual liability, name that supervisor as an individual respondent in the charge and in any subsequent civil action.
• Whistleblowers' Protection Act overlap. Where retaliation arises from reporting a violation of law to a public body, also consider the Michigan Whistleblowers' Protection Act, MCL § 15.361 et seq. (90-day filing deadline; separate cause of action; filed directly in circuit court — NOT through MDCR).
• Confidentiality and FOIA. MDCR investigative files are subject to limited Michigan FOIA disclosure. Charging parties should mark sensitive personal information accordingly and consult counsel before submitting privileged materials.

15. SOURCES AND REFERENCES

• Michigan Department of Civil Rights — https://www.michigan.gov/mdcr
• MDCR Online Complaint Portal — https://dtmb.state.mi.us/MDCRRequestforService
• MDCR — For Victims of Unlawful Discrimination — https://www.michigan.gov/en/mdcr/for-victims-of-unlawful-discrimination
• MDCR — Complaint Investigation — https://www.michigan.gov/mdcr/enforcement/investigation
• MDCR — Jurisdiction — https://www.michigan.gov/en/mdcr/enforcement/investigation/jurisdiction
• Elliott-Larsen Civil Rights Act, MCL § 37.2101 et seq. — https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-Act-453-of-1976
• MCL § 37.2602 (180-day filing deadline) — https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-37-2602
• MCL § 37.2701 (anti-retaliation) — https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-37-2701
• MCL § 37.2801 (civil action; remedies) — https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-37-2801
• Persons with Disabilities Civil Rights Act, MCL § 37.1101 et seq. — https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-Act-220-of-1976
• 2023 Senate Bill 4 / Public Act 6 of 2023 — https://www.legislature.mi.gov/Bills/Bill?ObjectName=2023-SB-0004
• Senate Fiscal Agency, S.B. 4 (Revised Analysis as Enacted, 3-25-24) — https://www.legislature.mi.gov/documents/2023-2024/billanalysis/Senate/htm/2023-SFA-0004-N.htm
• EEOC — https://www.eeoc.gov
• 29 C.F.R. § 1601.13 (EEOC dual-filing) — https://www.ecfr.gov/current/title-29/section-1601.13
• Rouch World, LLC v. Dep't of Civil Rights, 510 Mich. 398 (2022)
• Marsh v. Dep't of Civil Rights, 277 Mich. App. 14 (2007)
• Magee v. DaimlerChrysler Corp., 472 Mich. 108 (2005)
• Elezovic v. Ford Motor Co., 472 Mich. 408 (2005)
• Sumner v. Goodyear Tire & Rubber Co., 427 Mich. 505 (1986)
• National Railroad Passenger Corp. v. Morgan, 536 U.S. 101 (2002)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Michigan must review and customize this document before filing. Filing deadlines for civil rights charges are jurisdictional and unforgiving — verify all filing deadlines and effective dates of statutory amendments before relying on this template, including the precise effective date of 2023 Public Act 6 (ELCRA SO/GI amendment).