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Employment Discrimination · Grand Rapids and West Michigan

Michigan Employment Discrimination Lawyer

Federal job discrimination claims run on short deadlines that start with each discrete act. The proof standard and the damages cap depend on which statute applies.

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Fired or passed over because of who you are? Federal job discrimination claims run on short deadlines that start with each discrete act

I am Mitchell Bisson, a Grand Rapids civil rights lawyer. I have litigated for over 15 years. Big-Firm Power. Street-Level Grit. In an employment case I tell clients early which deadline expires first, because state-law claims run on a different clock and the federal date is often the one that expires first.

Black briefcase resting on an oak bench outside a courtroom door

In Michigan you generally have 300 days from the discriminatory act to file an EEOC charge under Title VII, the ADA or the ADEA, not the 180 days that applies in states without a state agency. The clock runs separately from each discrete act, such as a firing, demotion or refusal to hire, so a missed deadline can end the federal claim. After the EEOC dismisses your charge, or after 180 days if you ask for it in writing, it issues a notice of right to sue, and you have 90 days from that notice to file a federal lawsuit. The Sixth Circuit treats the notice as received five days after mailing, so the 90 days can start before you open the envelope.

Under Title VII, your race, color, religion, sex or national origin only has to be a motivating factor, even if other reasons also played a part. The ADA, the ADEA and Title VII retaliation are stricter: the disability, the age or the protected complaint must be the but-for cause, though not the sole cause.

Compensatory damages for emotional harm and future losses, plus punitive damages, are capped together for Title VII and ADA claims by employer size, from $50,000 for employers with 15 to 100 employees up to $300,000 for more than 500. Back pay and front pay sit outside the cap. The ADEA falls outside section 1981a and offers liquidated damages for willful violations instead.

A shortened deadline in a job application does not cut off a Title VII claim. In Logan v MGM Grand Detroit Casino, the Sixth Circuit held that a contract shortening the Title VII limitation period, outside an arbitration agreement, is unenforceable. For Michigan state-law claims, the Michigan Supreme Court held in 2025 in Rayford that a shortened period in a boilerplate employment agreement gets close scrutiny for reasonableness and can fail as unconscionable. Until a court rules, I calendar the shortest date any document suggests while also protecting the federal charge and suit deadlines.

Common questions about Michigan employment discrimination claims

How long do I have to file an EEOC charge in Michigan, and what starts the clock?

In Michigan you generally have 300 days from the discriminatory act to file an EEOC charge under Title VII, the ADA, or the ADEA, not the 180 days that applies in states without a state agency. The longer period applies because Michigan has its own civil rights agency and the EEOC works with it. The clock runs separately from each discrete act, such as a firing, demotion, or refusal to hire, so a missed deadline can end the federal claim.

Authority: 42 USC 2000e-5; 42 USC 12117(a); 29 USC 626; 29 USC 633(b); Logan v MGM Grand Detroit Casino, 939 F3d 824 (CA 6, 2019); Loffredo v Daimler AG, 666 F App'x 370, 377 (CA 6, 2016) (unpublished); National Railroad Passenger Corp v Morgan, 536 US 101 (2002). Reviewed Oct. 2026.

I received an EEOC right-to-sue notice. How long do I have to file in court, and can I get the notice early?

After the EEOC dismisses your charge, or after 180 days if you ask for it in writing, it issues a notice of right to sue, and you have 90 days from that notice to file a federal lawsuit under 42 USC 2000e-5(f)(1). The ADA uses the same rule. The Sixth Circuit treats the notice as received five days after mailing, so the 90 days can start before you open the envelope. In some cases the EEOC can issue it sooner.

Authority: 42 USC 2000e-5; 42 USC 12117(a); 29 CFR 1601.28; Graham-Humphreys v Memphis Brooks Museum of Art, Inc, 209 F3d 552, 561 (CA 6, 2000); Fort Bend County v Davis, 587 US 541 (2019); 29 USC 626. Reviewed Oct. 2026.

Do I have to prove discrimination was the only reason I was fired?

No. Under Title VII, your race, color, religion, sex, or national origin only has to be a motivating factor, even if other reasons also played a part, under 42 USC 2000e-2(m). The ADA, the ADEA, and Title VII retaliation are stricter: the disability, the age, or the protected complaint must be the but-for cause, though not the sole cause. If the employer proves it would have acted anyway, a motivating-factor win brings only limited relief.

Authority: 42 USC 2000e-2(m); 42 USC 2000e-5; 42 USC 12117(a); Lewis v Humboldt Acquisition Corp, 681 F3d 312 (CA 6, 2012) (en banc); Pemberton v Bell's Brewery, Inc, 150 F4th 751 (CA 6, 2025); Gross v FBL Financial Services, Inc, 557 US 167, 180 (2009); University of Texas Southwestern Medical Center v Nassar, 570 US 338 (2013); Desert Palace, Inc v Costa, 539 US 90, 101-102 (2003); McDonnell Douglas Corp v Green, 411 US 792, 802 (1973); Ames v Ohio Department of Youth Services, 605 US 303 (2025). Reviewed Oct. 2026.

Is there a cap on emotional distress and punitive damages in a federal job discrimination case?

Yes for Title VII and ADA claims. Under 42 USC 1981a(b)(3), compensatory damages for emotional harm and future losses, plus punitive damages, are capped together by employer size, from $50,000 for employers with 15 to 100 employees up to $300,000 for more than 500. Back pay and front pay sit outside the cap. The ADEA falls outside section 1981a and offers liquidated damages for willful violations instead.

Authority: 42 USC 1981a; 29 USC 626; Pollard v E.I. du Pont de Nemours & Co, 532 US 843, 848 (2001); Kolstad v American Dental Ass'n, 527 US 526, 535 (1999). Reviewed Oct. 2026.

My job application said I had only six months to sue. Does that cut off my discrimination claim?

Not for a Title VII claim. In Logan v MGM Grand Detroit Casino, the Sixth Circuit held that a contract shortening the Title VII limitation period, outside an arbitration agreement, is unenforceable, so the federal statutory deadlines control. For Michigan state-law claims, the Michigan Supreme Court held in 2025 in Rayford that a shortened period in a boilerplate employment agreement gets close scrutiny for reasonableness and can fail as unconscionable.

Authority: Logan v MGM Grand Detroit Casino, 939 F3d 824 (CA 6, 2019); Boshaw v Midland Brewing Co, 32 F4th 598 (CA 6, 2022); Thurman v DaimlerChrysler, Inc, 397 F3d 352 (CA 6, 2004); Rayford v American House Roseville I, LLC, ___ Mich ___ (2025) (Docket No. 163989, decided July 31, 2025); MCL 600.5805(2); 42 USC 12117(a). Reviewed Oct. 2026.

The Michigan FAQs on employment discrimination (6 answers) give short answers with the statute or court rule behind each one.

Talk to me about a Michigan employment discrimination claim

Law Offices of Mitchell S. Bisson, 2828 Kraft Ave SE, Suite 295, Grand Rapids, MI 49512, serving Kent County and West Michigan. Your Rights, My Fight!

Contact me 24/7 by text on WhatsApp. Fired or passed over at work in Kent County or West Michigan? Call for a free initial consultation: (616) 213-3327 | MBisson@BissonLegal.com

This page provides general information about Michigan law and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts. Consult a licensed attorney about your specific situation.

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