ELCRA EXPANSION; HAIR TEXTURE                                             S.B. 90 (S-1):

                                                                                         SUMMARY OF BILL

                                                                         REPORTED FROM COMMITTEE







Senate Bill 90 (Substitute S-1 as reported)

Sponsor:  Senator Sarah Anthony

Committee: Civil Rights, Judiciary, and Public Safety




The bill would amend the Elliot-Larsen Civil Rights Act (ELCRA) to prohibit discrimination based on traits historically associated with race, including hair texture and protective hairstyles.


Generally, the ELCRA prohibits discrimination in employment, public accommodations and public services, educational facilities, and housing and real estate based on religion, race, color, national origin, age, sex, height, weight, familial status, or marital status.


The bill would define "race" as inclusive of traits historically associated with race, including hair texture and protective hairstyles. "Protective hairstyles" would include such hairstyles as braids, locks, and twists.


MCL 37.2103                                                                                                




According to testimony, race-based hair discrimination is not uncommon in work environments, schools, and medical facilities, among other places. The ELCRA prohibits discrimination against protected classes (e.g., race, color, or national origin) in many of these places, and so it has been suggested that traits historically associated with race, such as hair texture, be considered an aspect of race as a protected class.




(Please note: This section does not provide a comprehensive account of all previous legislative efforts on the relevant subject matter.)


The bill is a reintroduction of House Bill 4811 of the 2019-2020 Legislative Session.


                                                            Legislative Analyst:  Tyler P. VanHuyse




The bill would have no fiscal impact on State or local government.


Date Completed:  5-22-23                                 Fiscal Analyst: Cory Savino, PhD 




This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.