HOUSE BILL No. 4192

 

February 5, 2009, Introduced by Reps. Warren, Smith, Leland, Bauer, Donigan, Miller, Robert Jones, Meadows and Coulouris 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, 302a, 402, 502, 504, 505, and 506 (MCL 37.2102,

 

37.2103, 37.2202, 37.2203, 37.2204, 37.2205, 37.2206, 37.2207,

 

37.2209, 37.2302, 37.2302a, 37.2402, 37.2502, 37.2504, 37.2505, and

 

37.2506), the title as amended by 1992 PA 258, sections 102, 502,

 

504, 505, and 506 as amended by 1992 PA 124, section 103 as amended

 

by 1999 PA 202, section 202 as amended by 1991 PA 11, section 302a

 

as added by 1992 PA 70, 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


 

practices, policies, and customs in the exercise of those rights

 

based upon religion, race, color, national origin, age, sex, sexual

 

orientation, gender identity or expression, 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 because of religion, race, color, national origin,

 

age, sex, sexual orientation, gender identity or expression,

 

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) "Gender identity or expression" means having or being

 

perceived as having a gender-related self-identity or expression

 

whether or not associated with an individual's assigned sex at

 

birth.

 

     (g) (f) "National origin" includes the national origin of an

 

ancestor.

 

     (h) (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.


 

     (i) (h) "Political subdivision" means a county, city, village,

 

township, school district, or special district or authority of the

 

state.

 

     (j) (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.

 

     (k) "Sexual orientation" means having an orientation for

 

heterosexuality, homosexuality, or bisexuality or having a history

 

of such an orientation or being identified with such an

 

orientation.

 

     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, sexual

 

orientation, gender identity or expression, 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, sexual orientation, gender

 

identity or expression, 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, an individual because of religion, race,

 

color, national origin, age, sex, sexual orientation, gender

 

identity or expression, height, weight, or marital status; or

 

classify or refer for employment an individual on the basis of

 

religion, race, color, national origin, age, sex, sexual

 

orientation, gender identity or expression, 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, a member or applicant for membership because

 

of religion, race, color, national origin, age, sex, sexual

 

orientation, gender identity or expression, 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, sexual orientation, gender identity or expression, 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, sexual orientation, gender identity or

 

expression, 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 an individual because of religion, race, color, national

 

origin, age, sex, sexual orientation, gender identity or

 

expression, 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 indicates a

 

preference, limitation, specification, or discrimination, based on

 

religion, race, color, national origin, age, sex, sexual

 

orientation, gender identity or expression, 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,

 

sexual orientation, gender identity or expression, 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 expresses a preference, limitation, specification,

 

or discrimination based on religion, race, color, national origin,

 

age, sex, sexual orientation, gender identity or expression,

 

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, sexual orientation, gender identity or

 

expression, height, weight, or marital status, or expresses a

 

preference, specification, limitation, or discrimination as to the

 

religion, race, color, national origin, age, height, weight, sex,

 

sexual orientation, gender identity or expression, 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 of a political

 

subdivision is a party shall contain a covenant by the contractor

 

and his or her subcontractors not to discriminate against 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, sexual orientation,

 

gender identity or expression, 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, sexual

 

orientation, gender identity or expression, or marital status.

 

     (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, sexual orientation, gender identity or

 

expression, 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, sexual orientation, gender

 

identity or expression, or marital status.

 

     Sec. 302a. (1) This section applies to a private club that is

 

defined as a place of public accommodation pursuant to under

 

section 301(a).


 

     (2) If a private club allows use of its facilities by 1 or

 

more adults per membership, the use must be equally available to

 

all adults entitled to use the facilities under the membership. All

 

classes of membership shall be available without regard to race,

 

color, gender, sexual orientation, gender identity or expression,

 

religion, marital status, or national origin. Memberships that

 

permit use during restricted times may be allowed only if the

 

restricted times apply to all adults using that membership.

 

     (3) A private club that has food or beverage facilities or

 

services shall allow equal access to those facilities and services

 

for all adults in all membership categories at all times. This

 

subsection shall does not require service or access to facilities

 

to persons that would violate any law or ordinance regarding sale,

 

consumption, or regulation of alcoholic beverages.

 

     (4) This section does not prohibit a private club from

 

sponsoring or permitting sports schools or leagues for children

 

less than 18 years of age that are limited by age or to members of

 

1 sex, if comparable and equally convenient access to the club's

 

facilities is made available to both sexes and if these activities

 

are not used as a subterfuge to evade the purposes of this article.

 

     Sec. 402. An educational institution shall not do any of the

 

following:

 

     (a) Discriminate against 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, sexual orientation, or gender

 

identity or expression.


 

     (b) Exclude, expel, limit, or otherwise discriminate against

 

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, sexual orientation, or gender identity or expression.

 

     (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 the religion, race, color, national

 

origin, age, sex, sexual orientation, gender identity or

 

expression, 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 a preference,

 

limitation, specification, or discrimination based on the religion,

 

race, color, national origin, or sex, sexual orientation, or gender

 

identity or expression, 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, sexual orientation, or gender identity or

 

expression.

 

     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, sexual

 

orientation, gender identity or expression, 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 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, circulate, post, mail, or otherwise cause to

 

be made or published 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 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 in a real estate transaction or in the furnishing of

 

facilities or services in connection therewith with a real estate

 

transaction.

 

     (h) Discriminate against 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, sexual orientation, gender

 

identity or expression, 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 the applicant because of the

 

religion, race, color, national origin, age, sex, sexual

 

orientation, gender identity or expression, 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


 

indicates, directly or indirectly, a preference, limitation,

 

specification, or discrimination as to the religion, race, color,

 

national origin, age, sex, sexual orientation, gender identity or

 

expression, familial status, or marital status of the applicant or

 

a person residing with the applicant.

 

     (2) A person whose business includes engaging in real estate

 

transactions shall not discriminate against a person because of

 

religion, race, color, national origin, age, sex, sexual

 

orientation, gender identity or expression, 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.

 

     Sec. 505. (1) A condition, restriction, or prohibition,

 

including a right of entry or possibility of reverter, that

 

directly or indirectly limits the use or occupancy of real property

 

on the basis of religion, race, color, national origin, age, sex,

 

sexual orientation, gender identity or expression, familial status,

 

or marital status is void, except a limitation of use as provided

 

in section 503(1)(c) or on the basis of religion relating to real

 

property held by a religious institution or organization, or by a


 

religious or charitable organization operated, supervised, or

 

controlled by a religious institution or organization, and used for

 

religious or charitable purposes.

 

     (2) A person shall not insert in a written instrument relating

 

to real property a provision that is void under this section or

 

honor such a provision in the chain of title.

 

     Sec. 506. A person shall not represent, for the purpose of

 

inducing a real estate transaction from which the person may

 

benefit financially, that a change has occurred or will or may

 

occur in the composition with respect to religion, race, color,

 

national origin, age, sex, sexual orientation, gender identity or

 

expression, familial status, or marital status of the owners or

 

occupants in the block, neighborhood, or area in which the real

 

property is located, or represent that this change will or may

 

result in the lowering of property values, an increase in criminal

 

or antisocial behavior, or a decline in the quality of schools in

 

the block, neighborhood, or area in which the real property is

 

located.