HOUSE BILL No. 5760


     April 23, 1998, Introduced by Rep. Whyman 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 section 402 (MCL 37.2402), as amended by 1993

   PA 216.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 402.  An educational institution shall not do any of

 2    the following:

 3         (a) Discriminate against an individual in the full utiliza-

 4    tion of or benefit from the institution, or the services, activi-

 5    ties, or programs provided by the institution because of reli-

 6    gion, race, color, national origin, or sex.

 7         (b) Exclude, expel, limit, or otherwise discriminate against

 8    an individual seeking admission as a student or an individual

 9    enrolled as a student in the terms, conditions, or privileges of




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 1    the institution, because of religion, race, color, national

 2    origin, or sex.

 3         (c) For purposes of admission only, make or use a written or

 4    oral inquiry or form of application that elicits or attempts to

 5    elicit information concerning the religion, race, color, national

 6    origin, age, sex, or marital status of a person, except as per-

 7    mitted by rule of the commission or as required by federal law,

 8    rule, or regulation, or pursuant to an affirmative action

 9    program.

10         (d) Print or publish or cause to be printed or published a

11    catalog, notice, or advertisement indicating a preference, limi-

12    tation, specification, or discrimination based on the religion,

13    race, color, national origin, or sex of an applicant for admis-

14    sion to the educational institution.

15         (e) Announce or follow a policy of denial or limitation

16    through a quota or otherwise of educational opportunities of a

17    group or its members because of religion, race, color, national

18    origin, or sex.

19         (F) USE RELIGION, RACE, COLOR, NATIONAL ORIGIN, OR SEX AS A

20    CRITERION FOR EITHER DISCRIMINATING AGAINST OR GRANTING PREFEREN-

21    TIAL TREATMENT TO AN INDIVIDUAL APPLYING FOR EITHER OF THE

22    FOLLOWING:

23         (i) ADMISSION TO THE EDUCATIONAL INSTITUTION.

24         (ii) A SCHOLARSHIP OR FINANCIAL AID FUNDED WHOLLY OR IN PART

25    BY THE EDUCATIONAL INSTITUTION.







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