April 14, 2005, Introduced by Reps. Bieda, Condino, Whitmer, Kolb and Cushingberry and referred to the Committee on Employment Relations, Training, and Safety.
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.
(2)
This section shall not be construed to does not 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) The commission on pay equity is created in the Michigan
department of civil rights and is responsible for the development
of definitions of comparable wages, using the criteria established
in this section.
(4) The governor shall appoint the members of the commission
on pay equity. The commission is composed of the following members:
(a) The director of the Michigan department of civil rights or
his or her designee.
(b) The director of the Michigan jobs commission or his or her
designee.
(c) A representative of the Michigan women's commission.
(d) A representative of the Michigan chamber of commerce.
(e) A representative of the Michigan AFL-CIO.
(f) A representative of the united auto workers.
(g) A representative of the Michigan small business
association.
(h) A representative of the national organization for women,
Michigan.
(i) A representative of the Michigan women's studies
association.
(5) The director of the Michigan department of civil rights or
his or her designee serves as the chairperson of the commission on
pay equity and has responsibility for convening the meetings of the
commission, setting the agenda for all meetings, and preparing all
minutes and reports of the work of the commission.
(6) The commission on pay equity shall hold meetings and
hearings as necessary to develop definitions, models, and
guidelines for employers and employees on pay equity.
(7) The commission on pay equity shall present its findings
and recommendations to the legislature, the governor, and the
public by a date not later than 1 year after the governor appoints
its members.
(8) All meetings of the commission on pay equity are subject
to the open meetings act, 1976 PA 267, MCL 15.261 to 15.275, and
the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(9) (3)
This section does not apply to the
employment of an
individual by his or her parent, spouse, or child.