Text of MI HB 5554 (2026)

HOUSE BILL NO. 5554 A bill to amend 1976 PA 453, entitled "Elliott-Larsen civil rights act," by amending sections 103, 401, 402, 801, and 802 (MCL 37.2103, 37.2401, 37.2402, 37.2801, and 37.2802), section 103 as amended by 2023 PA 45 and section 402 as amended by 2023 PA 6, and by adding sections 402b, 402c, and 402d. the people of the state of michigan enact: Sec. 103. As used in this act: (a) "Age" means chronological age except as otherwise provided by law. (b) "Commission" means the civil rights commission established by section 29 of article V of the state constitution of 1963. (c) "Commissioner" means a member of the commission. (d) "Department" means the department of civil rights or its employees. (e) "Familial status" means 1 or more individuals under the age of 18 residing with a parent or other person having custody or in the process of securing legal custody of the individual or individuals or residing with the designee of the parent or other person having or securing custody, with the written permission of the parent or other person. For purposes of this definition, "parent" includes an individual who is pregnant. (f) "Gender identity or expression" means having or being perceived as having a gender-related self-identity or expression whether or not associated with an individual's assigned sex at birth. (g) "National origin" includes the national origin of an ancestor. (h) "Person" means an individual, agent, association, corporation, joint apprenticeship committee, joint stock company, labor organization, legal representative, mutual company, partnership, receiver, trust, trustee in bankruptcy, unincorporated organization, this state or a political subdivision of this state or an agency of this state, or any other legal or commercial entity. (i) "Political subdivision" means a county, city, village, township, school district, or special district or authority of this state. (j) "Race" is inclusive of traits historically associated with race, including, but not limited to, hair texture and protective hairstyles. For purposes of this definition, "protective hairstyles" includes, but is not limited to, such hairstyles as braids, locks, and twists. (k) Discrimination because of sex includes sexual harassment. Sexual harassment means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communication, including, but not limited to, communication or conduct that is undertaken in whole or in part through the use of electronic messaging services, commercial mobile services, electronic communications, or other technology, that is of a sexual nature under the following conditions: (i) Submission to the conduct or communication by an individual is made a term or condition either explicitly or implicitly to obtain employment, public accommodations or public services, education, or housing, regardless of whether the individual submits to or rejects the conduct or communication. (ii) Submission to or rejection of the conduct or communication by an individual is used as a factor in decisions affecting the individual's employment, public accommodations or public services, education, or housing. (iii) The conduct or communication has the purpose or effect of substantially interfering with an individual's employment, public accommodations or public services, education, or housing, or creating an intimidating, hostile, or offensive employment, public accommodations, public services, educational, or housing environment. (l) "Sexual orientation" means having an orientation for heterosexuality, homosexuality, or bisexuality or having a history of such an orientation or being identified with such an orientation. Sec. 401. As used in this article: , "educational institution" (a) "Civil rights coordinator" means a title IX coordinator, title VI coordinator, or section 504 coordinator. (b) "Educational institution" means a public or private institution, or a separate school or department thereof, and includes an academy, college, elementary or secondary school, extension course, kindergarten, nursery, local school system, university, or a business, nursing, professional, secretarial, technical, or vocational school; and includes an agent of an educational institution. (c) Discrimination because of religion, race, color, national origin, sex, sexual orientation, or gender identity or expression includes harassment. (d) "Federal financial assistance" means that term as defined under section 7501 of the single audit act of 1984, 31 USC 7501. (e) "Harassment" means unwelcome communication or conduct based on an individual's actual or perceived characteristic described in subdivision (c), regardless of whether the unwelcome communication or conduct is direct, indirect, verbal, or nonverbal, that is intended to or does substantially interfere with an individual's ability to participate in or receive any aid, benefit, service, or opportunity from an education program or activity, or that creates an intimidating, hostile, or offensive environment. Harassment includes, but is not limited to, both of the following: (i) Unwelcome communication or conduct that is undertaken in whole or in part through the use of electronic messaging services, commercial mobile services, electronic communications, or other technology. (ii) Sexual harassment. (f) "Section 504 coordinator" means an employee of or an individual paid by an entity that contracts with and acts on behalf of a recipient of federal financial assistance or any program or activity conducted by an executive agency or the United States Postal Service who is designated or authorized to coordinate the recipient's efforts to comply with the recipient's obligations under section 504 of the rehabilitation act of 1973, 29 USC 794. (g) "Title IX coordinator" means an individual designated as a title IX coordinator under 34 CFR 106.8 who is responsible for overseeing compliance with title IX of the education amendments of 1972, 20 USC 1681 to 1688. (h) "Title VI coordinator" means an employee of or an individual paid by an entity that contracts with and acts on behalf of a recipient of federal financial assistance who is designated or authorized to coordinate the recipient's efforts to comply with the recipient's obligations under title VI of the civil rights act of 1964, 42 USC 2000d to 2000d-7. Sec. 402. (1) An educational institution shall not do any of the following: (a) Discriminate against an individual in the full utilization use of or benefit from the institution, or the services, activities, or programs provided by the institution because of religion, race, color, national origin, sex, sexual orientation, or gender identity or expression. A violation of this subdivision includes, but is not limited to, harassment described in subsection (2). (b) Exclude, expel, limit, or otherwise discriminate against an individual seeking admission as a student or an individual enrolled as a student in the terms, conditions, or privileges of the institution, because of religion, race, color, national origin, sex, sexual orientation, or gender identity or expression. (c) For purposes of admission only, make or use a written or oral inquiry or form of application that elicits or attempts to elicit information concerning the religion, race, color, national origin, age, sex, sexual orientation, gender identity or expression, or marital status of an individual, except as permitted by rule of the commission or as required by federal law, rule, or regulation, or pursuant to an affirmative action program. (d) Print or publish or cause to be printed or published a catalog, notice, or advertisement indicating a preference, limitation, specification, or discrimination based on the religion, race, color, national origin, sex, sexual orientation, or gender identity or expression, of an applicant for admission to the educational institution. (e) Announce or follow a policy of denial or limitation through a quota or otherwise of educational opportunities of a group or its members because of religion, race, color, national origin, sex, sexual orientation, or gender identity or expression. (2) Subject to subsection (4), an educational institution violates subsection (1)(a) if an individual who uses or benefits from the institution, or the services, activities, or programs provided by the institution, or who attempts to do so, is subjected to harassment by any of the following individuals regardless of where the harassment occurs: (a) The educational institution's agent, employee, or other individual authorized by the educational institution to provide an aid, benefit, service, or opportunity under the educational institution's services, activities, or programs, including, but not limited to, a vendor, contractor, school board member, volunteer, or guest speaker, if the harassment is enabled or assisted by the authority exercised as an agent, employee, or other authorized individual of the educational institution. (b) If the educational institution receives notice of the harassment as described in subsection (3), any other individual. (3) An educational institution is considered to have received notice of harassment under subsection (2)(b) if an agent, employee, or other authorized individual of the educational institution, including, but not limited to, a vendor, contractor, school board member, volunteer, or guest speaker, knew, or in the exercise of reasonable care should have known, about the harassment, and both of the following apply: (a) Any of the following apply: (i) The agent, employee, or other authorized individual has the authority to take action to redress the harassment. (ii) The agent, employee, or other authorized individual has the responsibility to report harassment or similar misconduct by others to an administrator of the educational institution. (iii) The agent, employee, or other authorized individual receives a report of the harassment from an individual who reasonably believes that the agent, employee, or other authorized individual meets the requirements of subparagraph (i) or (ii). (b) The agent's, employee's, or other authorized individual's communications are not privileged or confidential under law. (4) An educational institution does not violate subsection (1)(a) as described in subsection (2)(b) if the institution demonstrates that it exercises reasonable care to prevent harassment and promptly remedies the effects of any harassment at issue. An educational institution demonstrates that it exercises reasonable care to prevent harassment and remedies the effects of harassment if it does all of the following: (a) Adequately publicizes and enforces both of the following: (i) A comprehensive harassment prevention policy. (ii) A harassment complaint procedure that is likely to provide redress and to avoid harm without exposing an individual who reports or is subjected to harassment to unreasonable risk, effort, or expense. (b) Not more than 3 days after receiving notice of the harassment, provides supportive measures that preserve and restore equal access of an individual who reports or is subjected to harassment to the institution's services, activities, or programs, regardless of whether the individual requests an investigation, that include, but are not limited to, all of the following measures: (i) Adapting course schedules, assignments, or tests. (ii) Issuing no-contact orders. (iii) Providing counseling services. (iv) Altering activities, housing, or employment. (v) Adjusting grades or transcripts. (vi) Preserving eligibility for leadership positions, scholarships, and other programs or activities, even if the individual no longer meets the attendance, grade, or credit requirement. (vii) Allowing absences, leaves of absence, incompletes, or withdrawals without financial penalty. (viii) Providing services to escort the individual around campus for safety reasons. (ix) Increasing monitoring or supervision at locations or in activities where the alleged harassment occurred. (x) Temporary measures that burden the alleged harasser that are imposed for nonpunitive and nondisciplinary reasons and are designed to protect the safety of the individual who reported the harassment or other individuals. (c) If requested by an individual who reports or is subjected to harassment or the parent or legal guardian of the individual if the individual is a minor, or if otherwise necessary to protect the individual or other individuals in the institution's services, activities, or programs from a significant ongoing threat of harm, undertakes a prompt, thorough, and impartial investigation of the harassment. (d) If voluntary informed consent is obtained from all of the following individuals, facilitates a process in accordance with restorative practices as that term is defined in section 1310c of the revised school code, 1976 PA 451, MCL 380.1310c: (i) The individual who reports or is subjected to harassment. (ii) The alleged harasser. (iii) If the individual who reports or is subjected to harassment is a minor, the parent or legal guardian of the individual. (iv) If the alleged harasser is a minor, the parent or legal guardian of the alleged harasser. (e) Takes other necessary, prompt, and appropriate corrective action designed to stop the harassment, prevent its recurrence, and remedy its effects. (5) For purposes of subsection (4), an educational institution must establish reasonable care as required under subsection (4) even if further harassment did not occur after the educational institution receives notice of the initial harassment. Sec. 402b. (1) An educational institution shall designate at least 1 employee as a confidential employee who does not need to report harassment to the educational institution, unless otherwise required by law. (2) If an individual discloses harassment to a confidential employee, the confidential employee must inform the individual about all of the following: (a) How to report the harassment to the educational institution's civil rights coordinator or other personnel designated by the educational institution to receive reports of harassment. (b) How the civil rights coordinator or other personnel can help the individual. (c) That the confidential employee will not report the harassment to the civil rights coordinator or educational institution. Sec. 402c. The civil rights coordinator at an educational institution, upon receipt of a report of harassment from an individual, shall notify the individual in writing or orally and in a manner that is age-appropriate and accessible about resources and services that are available to the individual to ensure the individual's equal access to education that include, but are not limited to, all of the following: (a) If provided by the educational institution, supportive measures described in section 402(4)(b). (b) Information about community-based support services, including, but not limited to, any of the following: (i) Services for counseling, mental health, substance abuse, or other health issues. (ii) Legal, housing, or victim advocates. (c) Reasonable accommodations for individuals with disabilities who report harassment and alleged harassers with disabilities, including preexisting disabilities and disabilities that arise out of the harassment, that are consistent with all of the following: (i) Section 504 of the rehabilitation act of 1973, 29 USC 794. (ii) The Americans with disabilities act of 1990, 42 USC 12101 to 12213. (iii) The individuals with disabilities education act, 20 USC 1400 to 1482. (iv) Any other federal law related to disabilities. Sec. 402d. (1) If an educational institution receives a report of harassment, the educational institution shall not do any of the following to the individual who reports or is subjected to the harassment or an individual who is a witness to the harassment: (a) Take disciplinary action for a code of conduct violation committed by the individual that is related to the harassment, including, but not limited to, the use of intoxicating substances that occurred at or around the time of the harassment, reasonable actions taken to defend against the harassment, or actions to avoid contact with the individual who committed the alleged harassment. (b) Take disciplinary action for disclosing, in good faith, nonharassing sexual activity related to the harassment or for other nonharassing sexual activity discovered during an investigation into the harassment, even if the educational institution otherwise prohibits the nonharassing sexual activity. (c) Take disciplinary action for making a false report or for participating in prohibited sexual conduct only because the educational institution concludes there is insufficient evidence to make a determination of whether the harassment occurred or because the alleged harasser is found not responsible for the harassment. (d) Require the individual who reports or is subjected to harassment to do any of the following because the individual alleged discrimination, including harassment. (i) Unenroll from the educational institution. (ii) Take a temporary leave of absence from the educational institution. (iii) Transfer from the educational institution. (iv) Enroll in an alternative education program. (e) Require the individual to sign a confidentiality agreement as a prerequisite to obtain supportive measures, participate in an investigation or informal resolution, or assert any other rights under civil rights laws. (f) Discipline the individual for violating an impermissible confidentiality agreement described in subdivision (e) unless otherwise allowed by law. (g) Take disciplinary action for a complaint of alleged misconduct that the educational institution knows or should have known is filed by an alleged harasser or other individual for the purpose of retaliation against the individual who reports or is subjected to harassment. (2) An educational institution shall do all of the following: (a) Require the educational institution's civil rights coordinator or civil rights coordinator's designee to review any disciplinary actions against an individual who reports or is subjected to harassment or a witness to harassment to ensure that any disciplinary action is not related to the harassment. If the educational institution takes disciplinary action against the individual that is not prohibited under subsection (1), the disciplinary action must not discriminate against or harass the individual, including, but not limited to, by requiring the individual to participate in therapy or a program focused on altering the individual's sexual orientation or gender identity. (b) Address reports of retaliation against an individual who reports or is subjected to harassment and other individuals, which may include investigating or disciplining individuals who engage in retaliation. Sec. 801. (1) A person alleging a violation of this act may bring a civil action for appropriate injunctive relief or damages, or both. (2) An action commenced pursuant to subsection (1) may be brought in the circuit court for the county where the alleged violation occurred, or for the county where the person against whom the civil complaint is filed resides or has his principal place of business. (3) As used in subsection (1), "damages" means damages for injury, including, but not limited to, emotional distress, or loss caused by each violation of this act, including, but not limited to, compensatory damages, punitive damages, and reasonable attorney's attorney fees. Sec. 802. A court, in rendering a judgment in an action brought pursuant to under this article, may award all or a portion of the costs of litigation, including reasonable attorney fees, and witness fees, and expert witness fees, to the complainant in the action if the court determines that the award is appropriate.