Education Regulation Under Michigan's Civil Rights Act
Under the ELCRA, educational institutions may not discriminate against individuals on the basis of religion, race, color, national origin, or sex. MCL 37.2402. Unlike the employment provisions of the act, the educational provisions do not expressly prohibit marital status discrimination. Fonseca v Michigan State Univ, 214 Mich App 28, 542 NW2d 273 (1995).
The term educational institution includes:
- “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.” MCL 37.2401.
Exceptions
Religious educational institutions and educational institutions operated, supervised, or controlled by religious institutions are exempted from the ELCRA prohibition of religious discrimination. Such institutions may therefore limit admission or give preference to an applicant of the same religion. MCL 37.2403.
In addition, the ELCRA provides an exemption to the prohibition of sex discrimination by allowing private educational institutions to provide an education to persons of one sex. MCL 37.2404.
Antinepotism policies are also lawful under the ELCRA educational provisions. Fonseca v Michigan State Univ, 214 Mich App 28, 542 NW2d 273 (1995).