April 26, 2007, Introduced by Senators CHERRY, THOMAS, CLARKE, BARCIA, OLSHOVE, SCOTT, HUNTER, BASHAM, GLEASON, CLARK-COLEMAN, SWITALSKI, JACOBS, BRATER, SCHAUER and WHITMER and referred to the Committee on Commerce and Tourism.
A bill to amend 1976 PA 453, entitled
"Elliott-Larsen civil rights act,"
by amending sections 202, 205, 206, and 208 (MCL 37.2202, 37.2205,
37.2206, and 37.2208), section 202 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, familial status, 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, familial
status, 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 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 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. 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, height, weight, familial status, 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 indicates a preference,
limitation, specification, or discrimination, based on religion,
race, color, national origin, age, sex, height, weight, familial
status, 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:
(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, familial status, or marital status of a prospective
employee.
(b)
Make Except as necessary
to administer a benefit program,
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, height, weight, familial status, or marital status of a
prospective employee.
Sec. 208. A person subject to this article may apply to the
commission for an exemption on the basis that religion, national
origin, age, height, weight, familial status, marital status, or
sex is a bona fide occupational qualification reasonably necessary
to the normal operation of the business or enterprise. Upon
sufficient showing, the commission may grant an exemption to the
appropriate section of this article. An employer may have a bona
fide occupational qualification on the basis of religion, national
origin, sex, age, familial status, or marital status, height and
weight without obtaining prior exemption from the commission,
provided
that but an employer who does not obtain an exemption
shall
have has the burden of establishing that the qualification is
reasonably necessary to the normal operation of the business.