HOUSE BILL No. 6226

 

June 5, 2008, Introduced by Reps. Young, Miller, Farrah, Warren, Jackson, Hopgood, Rick Jones, Cushingberry, Johnson, Donigan, Leland, Lemmons, Sheltrown, Gillard and Scott and referred to the Committee on Labor.

 

     A bill to amend 1976 PA 453, entitled

 

"Elliott-Larsen civil rights act,"

 

by amending section 103 (MCL 37.2103), as amended by 1999 PA 202.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     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) "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, but is not limited

 

to, sexual harassment and unpaid leave of a police officer during

 

pregnancy if the officer is capable of performing light duty.

 

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.