SENATE BILL NO. 878


  February 17, 1998, Introduced by Senators BENNETT, CISKY,
            MILLER, BOUCHARD, GEAKE, BULLARD, GAST, MC MANUS, 
       DUNASKISS, SCHUETTE, ROGERS and JAYE and referred to the    Committee on Local, Urban and State Affairs.
     


        A bill to amend 1976 PA 453, entitled

   "Elliott-Larsen civil rights act,"

   by amending the title and section 202 (MCL 37.2202), the title as

   amended by 1992 PA 258 and section 202 as amended by 1991 PA 11.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1                                  TITLE

 2         An act to define civil rights; to prohibit discriminatory

 3    practices, policies, and customs in the exercise of those rights

 4    based upon religion, race, color, national origin, age, sex,

 5    height, weight, familial status, or marital status; TO PROHIBIT

 6    CERTAIN DISCRIMINATORY PRACTICES RELATING TO EMPLOYMENT; to pre-

 7    serve the confidentiality of records regarding arrest, detention,

 8    or other disposition in which a conviction does not result; to

 9    prescribe the powers and duties of the civil rights commission

10    and the department of civil rights; to provide remedies and


   04351'97 *                                               DMS
             
                                   2

 1    penalties; to provide for fees; and to repeal  certain
              acts and

 2    parts of acts.

 3         Sec. 202.  (1) An employer shall not do any of the

 4    following:

 5         (a) Fail or refuse to hire or recruit, discharge, or other-

 6    wise discriminate against an individual with respect to employ-

 7    ment, compensation, or a term, condition, or privilege of employ-

 8    ment, because of religion, race, color, national origin, age,

 9    sex, height, weight, or marital status.

10         (b) Limit, segregate, or classify an employee or applicant

11    for employment in a way that deprives or tends to deprive the

12    employee or applicant of an employment opportunity, or otherwise

13    adversely affects the status of an employee or applicant because

14    of religion, race, color, national origin, age, sex, height,

15    weight, or marital status.

16         (c) Segregate, classify, or otherwise discriminate against a

17    person on the basis of sex with respect to a term, condition, or

18    privilege of employment, including, but not limited to, a benefit

19    plan or system.

20         (d)  Until January 1, 1994, require an employee of an
             insti-

21     tution of higher education who is serving under a contract
                       of

22     unlimited tenure, or similar arrangement providing for
                       unlimited

23     tenure, to retire from employment on the basis of the
                       employee's

24     age.  As used in this subdivision, "institution of higher

25     education" means a public or private university, college,
                       commu-

26     nity college, or junior college located in this state.
                        IF THE

27    EMPLOYER IS A POLITICAL SUBDIVISION, INTERFERE WITH THE RESIDENCY



   04351'97 *

                                   3

 1    CHOICES OF AN EMPLOYEE OR APPLICANT BY REQUIRING THE EMPLOYEE OR

 2    APPLICANT TO RESIDE WITHIN THE POLITICAL SUBDIVISION AS A CONDI-

 3    TION OF EMPLOYMENT OR PROMOTION.  HOWEVER, THIS SUBDIVISION DOES

 4    NOT APPLY TO THE EMPLOYMENT OF AN INDIVIDUAL THAT RESULTS FROM

 5    THE INDIVIDUAL'S ELECTION TO PUBLIC OFFICE.

 6         (2) This section  shall not be construed to 
             DOES NOT pro-

 7    hibit the establishment or implementation of a bona fide retire-

 8    ment policy or system that is not a subterfuge to evade the pur-

 9    poses of this section.

10         (3) This section does not apply to the employment of an

11    individual by his or her parent, spouse, or child.


































   04351'97 *          Final page.                          DMS