HB-6226, As Passed House, September 18, 2008

SUBSTITUTE FOR

HOUSE BILL NO. 6226

     A bill to amend 1976 PA 453, entitled

"Elliott-Larsen civil rights act,"

by amending section 202 (MCL 37.2202), as amended by 1991 PA 11.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     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.

     (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.

     (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.

     (e) Treat an individual affected by pregnancy, childbirth, or

a related medical condition differently for any employment related

purpose from another individual not so affected but similar in

ability or inability to work, without regard to the source of any

condition affecting the other individual's ability or inability to

work.

     (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.