Legislative Analysis
Phone: (517) 373-8080
INCLUDE PREGNANCY AND LACTATING STATUS
http://www.house.mi.gov/hfa
IN PROTECTED CATEGORY OF SEX
Analysis available at
Senate Bill 823 as passed by the Senate http://www.legislature.mi.gov
Sponsor: Sen. Stephanie Chang
House Committee: Health Policy [Discharged]
Senate Committee: Housing and Human Services
Complete to 12-18-24
SUMMARY:
Senate Bill 823 would amend the Elliott-Larsen Civil Rights Act to provide that the term sex
includes pregnancy or lactating status when used in Article 3, which prohibits discrimination
in the full and equal enjoyment of public accommodations or services. 1
Generally speaking, the act prohibits discriminatory practices, policies, and customs based on
religion, race, color, national origin, age, sex, sexual orientation, gender identity or expression,
height, weight, familial status [having children], or marital status. These are often called
“protected categories” with reference to the act. The act is enforced by private lawsuits and by
the Michigan Civil Rights Commission, which through the Michigan Department of Civil
Rights investigates and acts on discrimination complaints.
Article 3 of the act prohibits a person from doing either of the following (except when allowed
by law):
• Denying 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.
• Printing, circulating, posting, mailing, or otherwise causing to be published a
statement, advertisement, notice, or sign that indicates either of the following:
o 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 from, or denied an individual because of
religion, race, color, national origin, age, sex, sexual orientation, gender
identity or expression, or marital status.
o That an individual's patronage of or presence at a place of public
accommodation is objectionable, unwelcome, unacceptable, or undesirable
because of religion, race, color, national origin, age, sex, sexual orientation,
gender identity or expression, or marital status.
Place of public accommodation means 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.
1
For purposes of Article 2, which prohibits employment discrimination, the term sex currently includes pregnancy,
childbirth, the termination of a pregnancy, or a related medical condition.
House Fiscal Agency Page 1 of 2
 Place of public accommodation also includes the facilities of the following private
clubs:
• A country club or golf club.
• A boating or yachting club.
• A sports or athletic club.
• A dining club, except a dining club that in good faith limits its membership to
the members of a particular religion for the purpose of furthering the teachings
or principles of that religion and not for the purpose of excluding individuals
of a particular sex, race, or color.
Public service means a public facility, department, agency, board, or commission,
owned, operated, or managed by or on behalf of this state, a political subdivision, or
an agency of this state or of a political subdivision or a tax exempt private agency
established to provide service to the public, except that public service does not include
a state or county correctional facility with respect to actions and decisions regarding an
individual serving a sentence of imprisonment.
The bill would specifically provide that the above prohibition applies to discrimination on the
basis of pregnancy or lactating status.
MCL 37.2301
FISCAL IMPACT:
Senate Bill 823 may result in a marginal increase in civil rights complaint cases processed and
investigated by the Department of Civil Rights. The department would likely be able to handle
any expected increase in cases with existing staff and resources.
Legislative Analyst: Rick Yuille
Fiscal Analyst: Michael Cnossen
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
House Fiscal Agency SB 823 as passed by the Senate Page 2 of 2


Statutes affected:
Senate Introduced Bill: 37.2301
As Passed by the Senate: 37.2301