January 25, 2005, Introduced by Senator THOMAS and referred to the Committee on Judiciary.
A bill to amend 1976 PA 453, entitled
"Elliott-Larsen civil rights act,"
by amending section 605 (MCL 37.2605), as amended by 1992 PA 124.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 605. (1) If the commission, after a hearing on a charge
issued by the department, determines that the respondent has
violated this act, the persons with disabilities civil rights act,
1976 PA 220, MCl 37.1101 to 37.1607, or the Michigan racial
profiling and report statistics act, the commission shall state its
findings of fact and conclusions of law and shall issue a final
order requiring the respondent to cease and desist from the
discriminatory
practice and to take such any other action as it
deems
considers necessary to
secure equal enjoyment and protection
of civil rights. If at a hearing on a charge, a pattern or practice
of
discrimination prohibited by this act, or Act No. 220 of the
Public
Acts of 1976 the persons with disabilities civil rights
act, 1976 PA 220, MCL 37.1101 to 37.1607, or the Michigan racial
profiling and report statistics act appears in the evidence, the
commission may, upon its own motion or on motion of the claimant,
amend the pleadings to conform to the proofs, make findings, and
issue
an order based on those findings. A The commission shall
deliver
a copy of the order shall be
delivered to the respondent,
the
claimant, the attorney general, and to any other public
officers
and persons as officer or person the commission deems
considers proper.
(2)
Action ordered An order
issued under this section may
include, but is not limited to, 1 or more of the following actions:
(a) Hiring, reinstatement, or upgrading of employees with or
without back pay.
(b) Admission or restoration of individuals to labor
organization
membership , or admission to or participation in a
guidance program, apprenticeship training program, on the job
training program, or other occupational training or retraining
program, with the utilization of objective criteria in the
admission of persons to those programs.
(c) Admission of persons to a public accommodation or an
educational institution.
(d) Sale, exchange, lease, rental, assignment, or sublease of
real property to a person.
(e) Extension to all persons of the full and equal enjoyment
of the goods, services, facilities, privileges, advantages, or
accommodations of the respondent.
(f) Reporting as to the manner of compliance.
(g)
Requiring the posting of notices in a conspicuous place
which
that the commission may
publish or cause to be published
setting forth requirements for compliance with civil rights law or
other
relevant information which that the commission determines
necessary to explain those laws.
(h) Payment to an injured party of profits obtained by the
respondent
through a violation of section 506 of this act or of
Act
No. 220 of the Public Acts of 1976 the persons with
disabilities civil rights act, 1976 PA 220, MCL 37.1101 to 37.1607.
(i) Payment to the complainant of damages for an injury or
loss caused by a violation of this act, including a reasonable
attorney's fee.
(j) Payment to the complainant of all or a portion of the
costs of maintaining the action before the commission, including
reasonable attorney fees and expert witness fees, if the commission
determines
that the award to be is appropriate.
(k) Payment of a civil fine for a violation of article 5 of
this act, an amount directly related to the cost to the state for
enforcing this statute not to exceed 1 of the following:
(i) $10,000.00 for the first violation.
(ii) $25,000.00 for the second violation within a 5-year
period.
(iii) $50,000.00 for 2 or more violations within a 7-year
period.
(l) Other relief the commission deems considers
appropriate.
(3)
In the case of If a respondent is operating by virtue of
a
license issued by the this state, a political subdivision, or
an
agency of the this state or political subdivision, if and
the commission, upon notice and hearing, determines that the
respondent has violated this act and that the violation was
authorized, requested, commanded, performed, or knowingly permitted
by the board of directors of the respondent or by an officer or
executive agent acting within the scope of his or her employment,
the commission shall so certify to the licensing agency. Unless the
commission's finding is reversed in the course of judicial review,
the finding of the commission may be grounds for revocation of the
respondent's license.
(4)
In the case of If a respondent who violates this act
in
the course of performing under a contract or subcontract with
the
this state, a political
subdivision, or an agency of the
this state or political subdivision, where and
the violation was
authorized, requested, commanded, performed, or knowingly permitted
by the board of directors of the respondent or by an officer or
executive agent acting within the scope of his or her employment,
the commission shall so certify to the contracting agency. Unless
the commission's finding is reversed in the course of judicial
review, the finding is binding on the contracting agency.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 93rd Legislature are
enacted into law:
(a) Senate Bill No. 41.
(b) Senate Bill No. 42.