September 27, 2005, Introduced by Rep. Gosselin and referred to the Committee on Government Operations.
A bill to amend 1976 PA 453, entitled
"Elliott-Larsen civil rights act,"
by amending the title and sections 102, 103, 202, 203, 204, 205,
206, 207, and 302 (MCL 37.2102, 37.2103, 37.2202, 37.2203, 37.2204,
37.2205, 37.2206, 37.2207, and 37.2302), the title as amended by
1992 PA 258, section 102 as amended by 1992 PA 124, section 103 as
amended by 1999 PA 202, and section 202 as amended by 1991 PA 11.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to define civil rights; to prohibit discriminatory
practices, policies, and customs in the exercise of those rights
based upon religion, race, color, national origin, age, sex,
height,
weight, familial status, or marital status, the ownership
or operation of a motorcycle, or the wearing of clothing associated
with motorcycle ownership or operation; to preserve the
confidentiality of records regarding arrest, detention, or other
disposition in which a conviction does not result; to prescribe the
powers and duties of the civil rights commission and the department
of civil rights; to provide remedies and penalties; to provide for
fees; and to repeal certain acts and parts of acts.
Sec. 102. (1) The opportunity to obtain employment, housing
and other real estate, and the full and equal utilization of public
accommodations, public service, and educational facilities without
discrimination because of religion, race, color, national origin,
age,
sex, height, weight, familial status, or marital status, the
ownership or operation of a motorcycle, or the wearing of clothing
associated with motorcycle ownership or operation as prohibited by
this act, is recognized and declared to be a civil right.
(2)
This section shall not be construed to does not prevent
an individual from bringing or continuing an action arising out of
sex
discrimination before July 18, 1980 which for an
action that
is based on conduct similar to or identical to harassment.
(3)
This section shall not be construed to does not prevent
an individual from bringing or continuing an action arising out of
discrimination
based on familial status before the effective date
of
the amendatory act that added this subsection which June
29,
1992 for an action that is based on conduct similar to or identical
to discrimination because of the age of persons residing with the
individual bringing or continuing the action.
Sec. 103. As used in this act:
(a) "Age" means chronological age except as otherwise provided
by law.
(b) "Clothing associated with motorcycle ownership or
operation" means clothing that displays the name or likeness of a
motorcycle, a motorcycle-related product, or the name of a
motorcycle-related organization, manufacturer, or association.
(c) (b)
"Commission" means the
civil rights commission
established by section 29 of article V of the state constitution of
1963.
(c)
"Commissioner" means a member of the commission.
(d) "Department" means the department of civil rights or its
employees.
(e) "Familial status" means 1 or more individuals under the
age of 18 residing with a parent or other person having custody or
in the process of securing legal custody of the individual or
individuals or residing with the designee of the parent or other
person having or securing custody, with the written permission of
the parent or other person. For purposes of this definition,
"parent" includes a person who is pregnant.
(f) "National origin" includes the national origin of an
ancestor.
(g) "Person" means an individual, agent, association,
corporation, joint apprenticeship committee, joint stock company,
labor organization, legal representative, mutual company,
partnership, receiver, trust, trustee in bankruptcy, unincorporated
organization, the state or a political subdivision of the state or
an agency of the state, or any other legal or commercial entity.
(h) "Political subdivision" means a county, city, village,
township, school district, or special district or authority of the
state.
(i) "Discrimination because of sex" includes sexual
harassment. "Sexual harassment" means unwelcome sexual advances,
requests for sexual favors, and other verbal or physical conduct or
communication of a sexual nature under the following conditions:
(i) Submission to the conduct or communication is made a term
or condition either explicitly or implicitly to obtain employment,
public accommodations or public services, education, or housing.
(ii) Submission to or rejection of the conduct or communication
by an individual is used as a factor in decisions affecting the
individual's employment, public accommodations or public services,
education, or housing.
(iii) The conduct or communication has the purpose or effect of
substantially interfering with an individual's employment, public
accommodations or public services, education, or housing, or
creating an intimidating, hostile, or offensive employment, public
accommodations, public services, educational, or housing
environment.
Sec. 202. (1) An employer shall not do any of the following:
(a) Fail or refuse to hire or recruit, discharge, or otherwise
discriminate against an individual with respect to employment,
compensation, or a term, condition, or privilege of employment,
because of religion, race, color, national origin, age, sex,
height,
weight, or marital status,
the ownership or operation of
a motorcycle, or the wearing of clothing associated with motorcycle
ownership or operation.
(b) Limit, segregate, or classify an employee or applicant for
employment in a way that deprives or tends to deprive the employee
or applicant of an employment opportunity, or otherwise adversely
affects the status of an employee or applicant because of religion,
race,
color, national origin, age, sex, height, weight, or
marital status, the ownership or operation of a motorcycle, or the
wearing of clothing associated with motorcycle ownership or
operation.
(c) Segregate, classify, or otherwise discriminate against a
person on the basis of sex with respect to a term, condition, or
privilege of employment, including, but not limited to, a benefit
plan or system.
(d) Until January 1, 1994, require an employee of an
institution of higher education who is serving under a contract of
unlimited tenure, or similar arrangement providing for unlimited
tenure, to retire from employment on the basis of the employee's
age. As used in this subdivision, "institution of higher education"
means a public or private university, college, community college,
or junior college located in this state.
(2) This section shall not be construed to prohibit the
establishment or implementation of a bona fide retirement policy or
system that is not a subterfuge to evade the purposes of this
section.
(3) This section does not apply to the employment of an
individual by his or her parent, spouse, or child.
Sec. 203. An employment agency shall not fail or refuse to
procure, refer, recruit, or place for employment, or otherwise
discriminate against, an individual because of religion, race,
color,
national origin, age, sex, height, weight, or marital
status, the ownership or operation of a motorcycle, or the wearing
of clothing associated with motorcycle ownership or operation; or
classify or refer for employment an individual on the basis of
religion,
race, color, national origin, age, sex, height, weight,
or
marital status, the ownership or operation of a motorcycle,
or
the wearing of clothing associated with motorcycle ownership or
operation.
Sec. 204. A labor organization shall not:
(a) Exclude or expel from membership, or otherwise
discriminate against, a member or applicant for membership because
of religion, race, color, national origin, age, sex, height,
weight,
or marital status, the
ownership or operation of a
motorcycle, or the wearing of clothing associated with motorcycle
ownership or operation.
(b) Limit, segregate, or classify membership or applicants for
membership, or classify or fail or refuse to refer for employment
an
individual in a way which that would deprive or tend to
deprive
that individual of an employment opportunity, or which
that would limit an employment opportunity, or which
that would
adversely affect wages, hours, or employment conditions, or
otherwise adversely affect the status of an employee or an
applicant for employment, because of religion, race, color,
national
origin, age, sex, height, weight, or marital status, the
ownership or operation of a motorcycle, or the wearing of clothing
associated with motorcycle ownership or operation.
(c) Cause or attempt to cause an employer to violate this
article.
(d) Fail to fairly and adequately represent a member in a
grievance process because of religion, race, color, national
origin,
age, sex, height, weight, or marital status, the
ownership or operation of a motorcycle, or the wearing of clothing
associated with motorcycle ownership or operation.
Sec. 205. An employer, labor organization, or joint labor-
management committee controlling an apprenticeship, on the job, or
other training or retraining program, shall not discriminate
against an individual because of religion, race, color, national
origin,
age, sex, height, weight, or marital status, the
ownership or operation of a motorcycle, or the wearing of clothing
associated with motorcycle ownership or operation, in admission to,
or employment or continuation in, a program established to provide
apprenticeship on the job, or other training or retraining.
Sec. 206. (1) An employer, labor organization, or employment
agency shall not print, circulate, post, mail, or otherwise cause
to be published a statement, advertisement, notice, or sign
relating to employment by the employer, or relating to membership
in or a classification or referral for employment by the labor
organization, or relating to a classification or referral for
employment
by the employment agency, which that indicates a
preference, limitation, specification, or discrimination, based on
religion,
race, color, national origin, age, sex, height, weight,
or
marital status, the ownership or operation of a motorcycle,
or
the wearing of clothing associated with motorcycle ownership or
operation.
(2) Except as permitted by rules promulgated by the commission
or by applicable federal law, an employer or employment agency
shall not:
(a) Make or use a written or oral inquiry or form of
application that elicits or attempts to elicit information
concerning the religion, race, color, national origin, age, sex,
height,
weight, or marital status,
the ownership or operation of
a motorcycle, or the wearing of clothing associated with motorcycle
ownership or operation of a prospective employee.
(b) Make or keep a record of information described in
subdivision (a) or to disclose that information.
(c) Make or use a written or oral inquiry or form of
application that expresses a preference, limitation, specification,
or discrimination based on religion, race, color, national origin,
age,
sex, height, weight, or marital status, the ownership or
operation of a motorcycle, or the wearing of clothing associated
with motorcycle ownership or operation of a prospective employee.
Sec. 207. An individual seeking employment shall not publish
or cause to be published a notice or advertisement that specifies
or indicates the individual's religion, race, color, national
origin,
age, sex, height, weight, or marital status, the
ownership or operation of a motorcycle, or the wearing of clothing
associated with motorcycle ownership or operation, or expresses a
preference, specification, limitation, or discrimination as to the
religion,
race, color, national origin, age, height, weight, sex,
or
marital status, the ownership or operation of a motorcycle,
or
the wearing of clothing associated with motorcycle ownership or
operation of a prospective employer.
Sec. 302. Except where permitted by law, a person shall not:
(a) Deny an individual the full and equal enjoyment of the
goods, services, facilities, privileges, advantages, or
accommodations of a place of public accommodation or public service
because
of religion, race, color, national origin, age, sex, or
marital status, the ownership or operation of a motorcycle, or the
wearing of clothing associated with motorcycle ownership or
operation.
(b) Print, circulate, post, mail, or otherwise cause to be
published
a statement, advertisement, notice, or sign which that
indicates that the full and equal enjoyment of the goods, services,
facilities, privileges, advantages, or accommodations of a place of
public accommodation or public service will be refused, withheld
from, or denied an individual because of religion, race, color,
national
origin, age, sex, or marital status, the ownership or
operation of a motorcycle, or the wearing of clothing associated
with motorcycle ownership or operation, or that an individual's
patronage of or presence at a place of public accommodation is
objectionable, unwelcome, unacceptable, or undesirable because of
religion,
race, color, national origin, age, sex, or marital
status, the ownership or operation of a motorcycle, or the wearing
of clothing associated with motorcycle ownership or operation.