February 1, 2005, Introduced by Senators BRATER, BASHAM, JACOBS, PATTERSON, CHERRY, SCOTT, CLARK-COLEMAN, OLSHOVE, CLARKE and LELAND and referred to the Committee on Commerce and Labor.
A bill to amend 1976 PA 453, entitled
"Elliott-Larsen civil rights act,"
by amending sections 102, 103, and 202 (MCL 37.2102, 37.2103, and
37.2202), section 102 as amended by 1992 PA 124, section 103 as
amended by 1999 PA 202, and section 202 as amended by 1991 PA 11.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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, 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 not be construed to does not prevent
an individual from bringing or continuing an action arising out of
sex
discrimination before July 18, 1980 which if the action is
based on conduct similar to or identical to harassment.
(3)
This section shall not be construed to does not 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 June
29, 1992,
which action 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.
(4) This section does not prevent an individual from bringing
or continuing an action arising out of discrimination because of
religion, race, color, national origin, age, sex, height, weight,
or marital status before the effective date of the amendatory act
that added this subsection if the action is based on conduct
similar or identical to conduct prohibited in section 202(1)(d).
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) "Compensation" means all earnings of an employee,
including wages and benefits, whether determined on the basis of
time, task, piece, commission, or other method of calculation for
labor, services, or work performed.
(e) (d)
"Department" means the
department of civil rights
or its employees.
(f) (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
subdivision, "parent" includes a person who is pregnant.
(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.
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
an individual 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. Fail or refuse to provide
compensation equally for work of comparable value in terms of the
composite skill, responsibility, effort, education or training, and
working conditions because of religion, race, color, national
origin, age, sex, height, weight, or marital status.
(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) This section does not apply to the employment of an
individual by his or her parent, spouse, or child.