On March 16, 2023, Governor Gretchen Whitmer signed a bill into law amending the Elliott-Larsen Civil Rights Act. The amendment adds two new protected classes to the civil rights statute to now include prohibitions on discrimination based on “sexual orientation” and “gender identity or expression.” The bill contains no exception for religious organizations, which means it will apply broadly to all businesses, organizations, groups, individuals etc.

The potential impact on senior living communities is significant. Particularly in the case of skilled nursing and assisted living facilities, this may change how they assign rooms for residents who share rooms. These facilities will be required to assign new residents to a room consistent with that resident’s “gender-related self-identity or expression” regardless of resident’s assigned sex at birth. If a new resident identifies as female, the facility must assign that resident to a room with a female roommate, even if the roommate or the roommate’s family objects to the assignment. Single-sex adult foster care facilities also will not be able to deny admission to a resident based upon that resident’s assigned sex at birth.

This issue already has been litigated in other states. Last year, a settlement was reached in a case in Maine involving an assisted living community that denied admission to a transgender woman who requested she live in a room assigned for female residents. The settlement included an agreement from the assisted living community that it would adopt a model non-discrimination policy that prohibited harassment based on gender identity, not just by the facility’s staff, but by other residents as well.

The policy adopted by the Maine facility requires that staff intervene if a resident is harassing a transgender resident. It also states that the objection or discomfort of any resident is not a basis to deny access or equal treatment to transgender residents, including placement in a shared same-sex room. If a resident “expresses concern, fear, or objection to the presence of a transgender resident,” staff is required to intervene on behalf of the transgender resident and provide education “sufficient to understand that any home operated by [the facility] is a community where everyone is to be welcomed and respected, including transgender people.”

Michigan senior living providers should be aware of these changes to the law and should update their non-discrimination policies accordingly. Staff should be in-serviced on the change to the policy and the potential ramifications for the facility if the policy is not followed.

Should you have any questions regarding changes to the Michigan Elliott-Larsen Civil Rights Act or have any senior living related concerns, please do not hesitate to contact a member of our Senior Living Practice Group.

Any information included here or through our website is presented solely for general informational purposes and is not in any way intended as legal advice, is not a substitute for getting actual legal advice from an attorney, and should not be acted upon as legal advice without first seeking qualified professional counsel specific to your needs and situation. Additionally, by providing this general information and the information on our website, no attorney client relationship is created.

Impact of Changes to Elliott-Larsen Civil Rights Act on Senior Living Communities In Michigan

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