Michigan Supreme Court

Rouch World LLC v. Department of Civil Rights

July 28, 2022

Summary

The Michigan Supreme Court held that discrimination based on sexual orientation necessarily constitutes discrimination because of sex under the Elliott-Larsen Civil Rights Act. Applying the statute’s plain language and its but-for causation standard, the Court concluded that a person’s sex is an inseparable component of sexual orientation and that an individual-focused comparison establishes liability. The Court overruled the contrary intermediate appellate precedent, reversed the Court of Claims in part, and remanded for further proceedings.