Filing an MDCR Complaint in Michigan: Step-by-Step Guide

Quick Answer: File employment discrimination complaints with the Michigan Department of Civil Rights (MDCR) within 3 years of the discriminatory act—much longer than federal deadlines. MDCR enforces the Elliott-Larsen Civil Rights Act (ELCRA), which covers all employers (1+ employee). Filing is free and can be done online, by phone, or in person.

Michigan's 3-year deadline gives you time, but don't wait.

Why File with MDCR

Advantages Over EEOC

MDCR benefits:

• 3-year deadline (vs. 300 days EEOC)
• Covers all employers (1+ employee)
• Additional protected classes
• State enforcement

ELCRA Coverage

Broader protections:

• Sexual orientation explicit
• Gender identity explicit
• Height and weight
• Marital status

Filing Deadline

3-Year Rule

Generous deadline:

• 3 years from discriminatory act
• Much longer than federal
• Allows more recovery time

Don't Wait

Despite long deadline:

• Evidence fades
• Witnesses forget
• File when ready

Step-by-Step Process

Step 1: Gather Information

Before filing, collect:

• Your contact information
• Employer name and address
• Description of discrimination
• Dates of incidents
• Witnesses (if any)
• Supporting documents

Step 2: Contact MDCR

Filing options:

• Online: michigan.gov/mdcr
• Phone: 1-800-482-3604
• In person: Regional offices

Step 3: Intake Interview

MDCR will:

• Review your allegations
• Explain the process
• Determine if ELCRA applies
• Draft formal complaint

Step 4: Formal Complaint Filed

After intake:

• Sign formal complaint
• Employer notified
• Investigation begins

Step 5: Investigation

MDCR investigates:

• Requests employer response
• Gathers documents
• Interviews witnesses
• May attempt mediation

Step 6: Determination

MDCR issues:

• Finding of probable cause, or
• Finding of no probable cause
• Right to proceed to hearing or court

What MDCR Investigates

Covered Discrimination

Protected characteristics:

• Race, color, national origin
• Religion
• Sex, sexual orientation, gender identity
• Age
• Height, weight
• Marital status
• Disability (under PWDCRA)

Employment Actions

Covered decisions:

• Hiring
• Firing
• Promotion
• Compensation
• Terms and conditions

Mediation Option

Voluntary Process

Mediation offers:

• Faster resolution
• Neutral mediator
• Confidential
• Both parties must agree

Benefits

Why consider:

• Quicker than investigation
• Control over outcome
• Preserves relationships
• Often successful

Investigation Timeline

How Long

Investigations vary:

• Several months typical
• Complex cases longer
• Backlog may exist

During Investigation

You should:

• Respond to requests promptly
• Provide additional information
• Keep contact information current

Possible Outcomes

Probable Cause

If MDCR finds:

• Evidence supports claim
• Moves toward resolution
• Hearing possible
• Conciliation attempted

No Probable Cause

If MDCR finds:

• Insufficient evidence
• Closes case
• You can still sue privately

Right to Sue

At any point:

• Can request right to sue
• Proceed to court
• MDCR process ends

Dual Filing (EEOC)

Cross-Filing

MDCR and EEOC:

• Share information
• Dual filing possible
• Different deadlines apply

When to Dual File

Consider both if:

• Want federal option preserved
• Under 300-day federal deadline
• Federal law might apply

MDCR Regional Offices

Detroit Office

Contact:

• Cadillac Place
• 3054 W. Grand Blvd
• Detroit, MI 48202

Grand Rapids Office

Contact:

• 350 Ottawa Ave NW
• Grand Rapids, MI 49503

Other Locations

Additional offices:

• Lansing (headquarters)
• Flint
• Marquette

Remedies Available

Through MDCR

May receive:

• Back pay
• Reinstatement
• Policy changes
• Cease and desist order

Through Court

Additional options:

• Compensatory damages
• Punitive damages
• Attorney's fees
• No damage caps

Common Mistakes to Avoid

Don't Wait Too Long

Even with 3 years:

• Evidence disappears
• File when ready
• Consult attorney

Document Everything

Keep records of:

• Incidents
• Dates and times
• Witnesses
• Communications

Follow Up

Stay engaged:

• Respond to requests
• Update contact info
• Check status periodically

Frequently Asked Questions

How long do I have to file?

3 years with MDCR. Much longer than the 300-day EEOC deadline.

Does filing cost anything?

No. MDCR services are free.

Do I need a lawyer?

Not required, but recommended for complex cases.

Can I file with both MDCR and EEOC?

Yes. The agencies share information.

What happens after I file?

MDCR investigates, may offer mediation, and issues a determination.

Can I still sue if MDCR finds no probable cause?

Yes. You can file a private lawsuit regardless of MDCR outcome.

Related Topics

• Elliott-Larsen Civil Rights Act Guide
• Michigan Workplace Discrimination
• Michigan Employment Law Hub

Take Action

To file an MDCR complaint:

1. Document the discrimination
2. Gather evidence and dates
3. Contact MDCR
4. Complete intake interview
5. File formal complaint
6. Cooperate with investigation

Legal Disclaimer

This article provides general information about filing MDCR complaints and is not legal advice. For specific advice, consult a licensed Michigan employment attorney.

For official information:

• MDCR: https://www.michigan.gov/mdcr | 1-800-482-3604