April 24, 2007, Introduced by Reps. Condino, Meadows, Byrnes, Alma Smith, Miller, Kathleen Law, Vagnozzi, Tobocman and Bieda and referred to the Committee on Judiciary.
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, 209, 302, 402, 502, and 504 (MCL 37.2102, 37.2103,
37.2202, 37.2203, 37.2204, 37.2205, 37.2206, 37.2207, 37.2209,
37.2302, 37.2402, 37.2502, and 37.2504), the title as amended by
1992 PA 258, sections 102, 502, and 504 as amended by 1992 PA 124,
section 103 as amended by 1999 PA 202, section 202 as amended by
1991 PA 11, and section 402 as amended by 1993 PA 216.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to define civil rights; to prohibit discriminatory or
harassing 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; 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; 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 or harassment because of religion, race, color,
national origin, age, sex, height, weight, familial status, or
marital status as prohibited by this act, is recognized and
declared to be a civil right.
(2)
This section shall does not be construed to 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 does not be construed to 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) "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) "Harass" means any of the following, as applicable:
(i) To direct unwelcome verbal or physical conduct or
communication to an individual based on or related to the
individual's religion, race, color, national origin, age, sex,
height, weight, familial status, or marital status if the conduct
or communication violates this act and has the purpose or effect of
substantially interfering with an individual's employment, public
accommodations or public services, education, or housing, or of
creating an intimidating, hostile, or offensive employment, public
accommodations, public services, educational, or housing
environment.
(ii) To direct unwelcome sexual advances, requests for sexual
favors, or other verbal or physical conduct or communication of a
sexual nature or based on or related to an individual's sex to an
individual if any of the following conditions are met:
(A) 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.
(B) 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.
(C) 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 of
creating an intimidating, hostile, or offensive employment, public
accommodations, public services, educational, or housing
environment.
(g) (f)
"National origin" includes the national origin of an
ancestor.
(h) (g)
"Person" means an individual, agent, association,
corporation, limited liability company, 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.
(i) (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.
(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.
(2)
This section shall does 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, or harass an individual because of religion,
race, color, national origin, age, sex, height, weight, or marital
status; or classify or refer for employment an individual on the
basis of religion, race, color, national origin, age, sex, height,
weight, or marital status.
Sec. 204. A labor organization shall not do any of the
following:
(a)
Exclude or expel from membership, or otherwise
discriminate against, or harass a member or applicant for
membership because of religion, race, color, national origin, age,
sex, height, weight, or marital status.
(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.
(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.
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 or harass an individual because of religion, race, color,
national origin, age, sex, height, weight, or marital status, 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 harasses
or
indicates a preference, limitation, specification, or
discrimination, based on religion, race, color, national origin,
age, sex, height, weight, or marital status.
(2) Except as permitted by rules promulgated by the commission
or by applicable federal law, an employer or employment agency
shall not do any of the following:
(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 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 harasses or expresses a preference, limitation,
specification, or discrimination based on religion, race, color,
national origin, age, sex, height, weight, or marital status 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, or harasses or
expresses a preference, specification, limitation, or
discrimination as to the religion, race, color, national origin,
age, height, weight, sex, or marital status of a prospective
employer.
Sec.
209. A contract to which the this state, a political
subdivision,
or an agency thereof of
this state or a political
subdivision is a party shall contain a covenant by the contractor
and his or her subcontractors not to discriminate against or harass
an employee or applicant for employment with respect to hire,
tenure, terms, conditions, or privileges of employment, or a matter
directly or indirectly related to employment, because of race,
color, religion, national origin, age, sex, height, weight, or
marital status. Breach of this covenant may be regarded as a
material breach of the contract.
Sec. 302. Except where permitted by law, a person shall not do
any of the following:
(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.
(b)
Print, circulate, post, mail, or otherwise cause to be
published
publish a statement, advertisement, notice, or sign which
that harasses or 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, 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.
Sec. 402. An educational institution shall not do any of the
following:
(a) Discriminate against or harass an individual in the full
utilization of or benefit from the institution, or the services,
activities, or programs provided by the institution because of
religion, race, color, national origin, or sex.
(b) Exclude, expel, limit, or otherwise discriminate against
or harass an individual seeking admission as a student or an
individual enrolled as a student in the terms, conditions, or
privileges of the institution, because of religion, race, color,
national origin, or sex.
(c) For purposes of admission only, make or use a written or
oral inquiry or form of application that elicits or attempts to
elicit information concerning, or harasses based on, the religion,
race, color, national origin, age, sex, or marital status of a
person, except as permitted by rule of the commission or as
required by federal law, rule, or regulation, or pursuant to an
affirmative action program.
(d) Print or publish or cause to be printed or published a
catalog,
notice, or advertisement indicating that harasses or
indicates a preference, limitation, specification, or
discrimination based on the religion, race, color, national origin,
or sex of an applicant for admission to the educational
institution.
(e) Announce or follow a policy of denial or limitation
through a quota or otherwise of educational opportunities of a
group or its members because of religion, race, color, national
origin, or sex.
Sec. 502. (1) A person engaging in a real estate transaction,
or a real estate broker or salesman, shall not on the basis of
religion, race, color, national origin, age, sex, familial status,
or marital status of a person or a person residing with that person
do any of the following:
(a) Refuse to engage in a real estate transaction with a
person.
(b)
Discriminate against a person or
harass an individual in
the terms, conditions, or privileges of a real estate transaction
or in the furnishing of facilities or services in connection with a
real estate transaction.
(c) Refuse to receive from a person or transmit to a person a
bona fide offer to engage in a real estate transaction.
(d) Refuse to negotiate for a real estate transaction with a
person.
(e) Represent to a person that real property is not available
for inspection, sale, rental, or lease when in fact it is so
available, or knowingly fail to bring a property listing to a
person's attention, or refuse to permit a person to inspect real
property, or otherwise make unavailable or deny real property to a
person.
(f)
Make, print Print, circulate, post, mail, or otherwise
cause
to be made or published make
or publish a statement,
advertisement, notice, or sign, or use a form of application for a
real estate transaction, or make a record of inquiry in connection
with
a prospective real estate transaction, which that harasses or
indicates, directly or indirectly, an intent to make a preference,
limitation, specification, or discrimination with respect to the
real estate transaction.
(g) Offer, solicit, accept, use, or retain a listing of real
property with the understanding that a person may be discriminated
against or harassed in a real estate transaction or in the
furnishing
of facilities or services in connection therewith with a
real estate transaction.
(h) Discriminate against or harass a person in the brokering
or appraising of real property.
(2) A person shall not deny a person access to, or membership
or participation in, a multiple listing service, real estate
brokers' organization or other service, organization, or facility
relating to the business of selling or renting real property or to
discriminate against him or her in the terms or conditions of that
access, membership, or participation because of religion, race,
color, national origin, age, sex, familial status, or marital
status.
(3) This section is subject to section 503.
Sec. 504. (1) A person to whom application is made for
financial assistance or financing in connection with a real estate
transaction or in connection with the construction, rehabilitation,
repair, maintenance, or improvement of real property, or a
representative of that person, shall not do any of the following:
(a) Discriminate against or harass the applicant because of
the religion, race, color, national origin, age, sex, familial
status, or marital status of the applicant or a person residing
with the applicant.
(b) Use a form of application for financial assistance or
financing or make or keep a record or inquiry in connection with an
application
for financial assistance or financing which that
harasses or indicates, directly or indirectly, a preference,
limitation, specification, or discrimination as to the religion,
race, color, national origin, age, sex, familial status, or marital
status
of the applicant or a person an
individual residing with the
applicant.
(2) A person whose business includes engaging in real estate
transactions
shall not discriminate against a person or harass an
individual because of religion, race, color, national origin, age,
sex, familial status, or marital status, in the purchasing of loans
for acquiring, constructing, improving, repairing, or maintaining a
dwelling or the making or purchasing of loans or the provision of
other financial assistance secured by residential real estate.
(3) Subsection (1)(b) does not apply to a form of application
for financial assistance prescribed for the use of a lender
regulated
as a mortgagee under the national housing act, chapter
847,
48 Stat. 1246 12 USC 1701 to
1750g, or by a regulatory board
or officer acting under the statutory authority of this state or
the United States.