HOUSE BILL No. 4078 January 28, 1997, Introduced by Reps. Crissman, McManus, McBryde, Goschka and Jaye and referred to the Committee on Constitutional and Civil Rights. A bill to amend 1976 PA 453, entitled "Elliott-Larsen civil rights act," by amending sections 202, 203, and 402 (MCL 37.2202, 37.2203, and 37.2402), section 202 as amended by 1991 PA 11 and section 402 as amended by 1993 PA 216. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 202. (1) An employer shall not do any of the 2 following: 3 (a) Fail or refuse to hire or recruit, discharge, or other- 4 wise discriminate against an individual with respect to employ- 5 ment, compensation, or a term, condition, or privilege of employ- 6 ment, because of religion, race, color, national origin, age, 7 sex, height, weight, or marital status. 00167'97 DMS 2 1 (b) Limit, segregate, or classify an employee or applicant 2 for employment in a way that deprives or tends to deprive the 3 employee or applicant of an employment opportunity, or otherwise 4 adversely affects the status of an employee or applicant because 5 of religion, race, color, national origin, age, sex, height, 6 weight, or marital status. 7 (c) Segregate, classify, or otherwise discriminate against a 8 person on the basis of sex with respect to a term, condition, or 9 privilege of employment, including, but not limited to, a benefit 10 plan or system. 11 (d) Until January 1, 1994, require an employee of an insti- 12 tution of higher education who is serving under a contract of 13 unlimited tenure, or similar arrangement providing for unlimited 14 tenure, to retire from employment on the basis of the employee's 15 age. As used in this subdivision, "institution of higher 16 education" means a public or private university, college, commu- 17 nity college, or junior college located in this state. 18 (E) ADJUST A TEST SCORE, USE A DIFFERENT CUT-OFF SCORE, OR 19 OTHERWISE ALTER THE RESULTS OF A TEST ON THE BASIS OF RELIGION, 20 RACE, COLOR, NATIONAL ORIGIN, OR SEX FOR THE PURPOSE OF SELECTING 21 OR REFERRING AN APPLICANT OR CANDIDATE FOR EMPLOYMENT OR 22 PROMOTION. 23 (2) This section shall not be construed to prohibit the 24 establishment or implementation of a bona fide retirement policy 25 or system that is not a subterfuge to evade the purposes of this 26 section. 00167'97 3 1 (3) This section does not apply to the employment of an 2 individual by his or her parent, spouse, or child. 3 Sec. 203. An employment agency shall notfailDO ANY OF 4 THE FOLLOWING: 5 (A) FAIL or refuse to procure, refer, recruit, or place for 6 employment, or otherwise discriminate against, an individual 7 because of religion, race, color, national origin, age, sex, 8 height, weight, or marital status.; or classify9 (B) CLASSIFY or refer for employment an individual on the 10 basis of religion, race, color, national origin, age, sex, 11 height, weight, or marital status. 12 (C) ADJUST A TEST SCORE, USE A DIFFERENT CUT-OFF SCORE, OR 13 OTHERWISE ALTER THE RESULTS OF A TEST ON THE BASIS OF RELIGION, 14 RACE, COLOR, NATIONAL ORIGIN, OR SEX FOR THE PURPOSE OF SELECTING 15 OR REFERRING AN APPLICANT OR CANDIDATE FOR EMPLOYMENT OR 16 PROMOTION. 17 Sec. 402. (1) An educational institution shall not do any 18 of the following: 19 (a) Discriminate against an individual in the full utiliza- 20 tion of or benefit from the institution, or the services, activi- 21 ties, or programs provided by the institution because of reli- 22 gion, race, color, national origin, or sex. 23 (b) Exclude, expel, limit, or otherwise discriminate against 24 an individual seeking admission as a student or an individual 25 enrolled as a student in the terms, conditions, or privileges of 26 the institution, because of religion, race, color, national 27 origin, or sex. 00167'97 4 1 (c) For purposes of admission only, make or use a written or 2 oral inquiry or form of application that elicits or attempts to 3 elicit information concerning the religion, race, color, national 4 origin, age, sex, or marital status of a person, except as per- 5 mitted by rule of the commission or as required by federal law, 6 rule, or regulation, or pursuant to an affirmative action 7 program. 8 (d) Print or publish or cause to be printed or published a 9 catalog, notice, or advertisement indicating a preference, limi- 10 tation, specification, or discrimination based on the religion, 11 race, color, national origin, or sex of an applicant for admis- 12 sion to the educational institution. 13 (e) Announce or follow a policy of denial or limitation 14 through a quota or otherwise of educational opportunities of a 15 group or its members because of religion, race, color, national 16 origin, or sex. 17 (F) ADJUST A TEST SCORE, USE A DIFFERENT TEST OR CUT-OFF 18 SCORE, OR OTHERWISE ALTER THE RESULTS OF A TEST ON THE BASIS OF 19 RELIGION, RACE, COLOR, NATIONAL ORIGIN, GENDER, VETERAN STATUS, 20 ATHLETIC ABILITY, RELATIONSHIP TO ALUMNI, RELATIONSHIP TO SCHOOL 21 EMPLOYEES, RELATIONSHIP TO A FINANCIAL CONTRIBUTOR, OR RELATION- 22 SHIP TO A POLITICAL OR PUBLIC FIGURE FOR THE PURPOSE OF SELECTING 23 AN INDIVIDUAL FOR ADMISSION INTO THAT EDUCATIONAL INSTITUTION, 24 DETERMINING CLASS RANK OR CLASS STATUS OF AN INDIVIDUAL, OR 25 DETERMINING AN INDIVIDUAL'S ELIGIBILITY TO PARTICIPATE IN ANY 26 PROGRAM OF THAT EDUCATIONAL INSTITUTION. 00167'97 5 1 (2) AS USED IN THIS SECTION, "TEST SCORE" MEANS THE RESULT 2 OF A STANDARDIZED TEST USED FOR THE PURPOSE OF ADMISSION TO AN 3 INSTITUTION OF HIGHER EDUCATION. 00167'97 Final page. DMS