The deadline depends on which path you want to use and when the discriminatory act happened. Michigan gives workers more than one way to pursue a race discrimination claim, and the filing clocks are different—so do not assume that contacting Human Resources, a union, or one agency preserves every option.
Start with the deadlines
For most workers, the practical deadlines to check first are 180 days to file with the Michigan Department of Civil Rights (MDCR), 300 days to file a federal charge with the Equal Employment Opportunity Commission (EEOC) if the employer is covered by Title VII, and generally three years to bring a Michigan Elliott-Larsen Civil Rights Act lawsuit in state court. Each deadline runs on its own track.
| Filing route | General deadline | What the deadline protects |
|---|---|---|
| Michigan Department of Civil Rights | 180 days after the alleged discrimination | An administrative complaint under Michigan law |
| EEOC, Michigan | 300 days after the alleged discrimination for a covered Title VII claim | A federal discrimination charge; Title VII generally covers employers with at least 15 employees |
| Michigan state court | Generally three years for an Elliott-Larsen claim | A civil lawsuit under Michigan law; MDCR says you do not have to file an MDCR complaint first |
| Federal court after an EEOC charge | 90 days after receiving a Notice of Right to Sue | A federal Title VII lawsuit |
The MDCR’s jurisdiction and deadline page describes the 180-day and three-year Michigan routes. The EEOC Detroit office confirms the 300-day deadline for covered race claims in Michigan. A federal lawsuit has a separate 90-day clock after the EEOC issues its notice; the agency explains that requirement on its federal lawsuit page.
What counts as race discrimination at work?
Michigan’s Elliott-Larsen Civil Rights Act (ELCRA) is a state statute. Its employment section, MCL 37.2202, bars an employer from refusing to hire, firing, or otherwise treating someone worse in employment, compensation, or a job term because of race. It also bars classifying or segregating workers in a way that harms their employment opportunities because of race. Michigan law defines an employer broadly for this section as a person with one or more employees, with a limited exception for employment by a worker’s parent, spouse, or child.
Examples can include being passed over for a promotion, paid less, disciplined more harshly, or fired because of race. Race-based harassment can also violate the law when the conduct is serious or frequent enough to create an unlawful hostile work environment. A supervisor’s offensive remark matters, but one remark does not automatically prove a legal claim. The context, frequency, severity, and effect on the workplace all matter.
Federal Title VII also prohibits race discrimination, but its employer-coverage threshold is generally 15 employees. A smaller workplace may still be covered by Michigan law even when Title VII does not apply. The federal statute’s employer definition sets out the federal employee-count rule. If your employer is small, do not assume you have no route; the Michigan statute may still apply.
Which date starts the clock?
For a discrete decision—such as a firing, demotion, denied promotion, or refusal to hire—the clock usually starts when the decision takes effect or you are told about it, not when you later obtain proof of the employer’s reason. If your supervisor tells you on May 3 that you were denied a promotion, learning in July that a less-qualified coworker was selected usually does not restart the filing period.
Different conduct can create different deadlines. A demotion and a later termination are typically treated as separate events; filing on time over the termination does not necessarily preserve an older demotion claim. Ongoing harassment is different: under the EEOC’s guidance, a charge can include earlier harassment incidents if at least one incident in the same hostile-work-environment claim falls within the filing period. A pattern does not automatically turn every old employment decision into a timely claim. The EEOC’s time-limit guidance explains the distinction.
Pay discrimination can also have special timing rules under federal law when a discriminatory pay decision continues to affect later paychecks. If unequal pay is part of your concern, identify each paycheck and ask the EEOC or MDCR how the rule applies to your facts rather than relying only on the date you first learned of the pay gap.
Choose the route that fits what you want to preserve
Filing with MDCR
Contact MDCR promptly if you want the state agency to investigate. You can begin through the MDCR complaint process or call 800-482-3604. The department says it will prepare a formal complaint for you to sign, date, and return. Make sure the completed complaint is returned; an initial phone call or online inquiry is not the same thing as completing the formal filing process.
MDCR investigates impartially. It does not represent you, and its complaint is not a lawsuit. The department says both sides may submit evidence, and an investigation can include witness interviews, document review, a site visit, or a conference aimed at resolution. If you also want to preserve federal Title VII rights, ask whether your filing has been cross-filed with the EEOC; do not rely on an assumption about agency coordination.
Filing with the EEOC
A Michigan worker with a covered employer generally has 300 days from the discriminatory act to file a Title VII charge with the EEOC. The EEOC may accept a charge online after an intake step, by appointment, or through an appropriate state agency. The Detroit office recommends starting through the EEOC Public Portal and Detroit office information. Filing a federal lawsuit based on Title VII generally requires first filing an EEOC charge and receiving a Notice of Right to Sue. Once you receive that notice, the federal lawsuit deadline is 90 days.
Filing directly in Michigan court
MDCR states that an ELCRA complaint can be filed in state court without first going through the department, generally within three years of the alleged discrimination. A court action is a different path from an agency investigation. Once a case is filed in court, MDCR says it no longer has jurisdiction to pursue the matter while the court case is pending. That makes the choice between an agency complaint and a lawsuit one to consider carefully, especially if you want both state and federal claims preserved.
Two examples of how the deadlines can diverge
Promotion decision: A Grand Rapids employee is denied a promotion on March 1 and suspects race played a part. The employee raises the issue with a manager in April, but the company’s review takes several months. The internal review does not replace an agency filing. The employee should calculate the MDCR and EEOC deadlines from the promotion decision and file in time to preserve the intended routes.
Repeated harassment: A Flint worker describes several race-based insults over a period of months. The last incident happens recently, but the worker is unsure whether it is connected to the earlier comments. The EEOC’s rule for ongoing harassment may allow the earlier related incidents to be considered if a timely incident is part of the same hostile-work-environment claim. The worker should list each incident and date rather than trying to decide alone that the conduct is either one continuous event or several unrelated ones.
Older termination: A Lansing employee was fired eight months ago and has not filed with MDCR or the EEOC. The 180-day MDCR window may have passed, while the 300-day EEOC window could still be open if the employer is covered. Michigan’s state-court period may also remain open. Missing one deadline does not automatically answer whether every other route is gone, but the worker should not wait while sorting that out.
What to gather before you file
Write down the dates and details while you can still recall them. Keep copies of performance reviews, pay information, schedules, discipline notices, promotion postings, relevant messages, and any written complaint or response. Note who made each decision, what reason the employer gave, and how similarly situated coworkers were treated. If a coworker saw an incident or heard a remark, record the person’s name and what they observed.
Preserve records lawfully. Do not take confidential customer information, trade secrets, or files you are not authorized to access. Keep your own copies of documents you already have a right to possess, and avoid editing or annotating the originals. A short timeline is often more useful than a folder of undated screenshots.
Do not let an internal complaint consume the filing window
You can report discrimination to a supervisor, Human Resources, or a union representative, and an internal report may help document what happened. But the EEOC says an internal grievance or another dispute-resolution process generally does not extend its charge-filing deadline. Keep track of agency deadlines while the employer investigates. If you are close to the 180- or 300-day mark, an incomplete internal process is not a reason to wait.
Also, do not treat the 300-day federal window as an extension of the 180-day MDCR deadline. One may still be available after the other has expired, and a separate state-court deadline may apply. Record the date of each adverse action, confirm the employer’s approximate size, and make a calendar reminder well before the earliest deadline. If you receive an EEOC Notice of Right to Sue, note the date it arrived and treat the 90-day lawsuit period as a separate, urgent deadline.
Disclaimer: This guide provides general legal information and is not legal advice. Laws vary by state and may change over time. The outcome of any legal issue depends on the specific facts, documents, and circumstances involved. For advice about your situation, consult a qualified attorney licensed in your jurisdiction.