HOUSE BILL No. 4232 February 9, 1999, Introduced by Reps. Bishop, Julian, Kowall, Garcia, Kukuk and Cassis and referred to the Committee on Constitutional Law and Ethics. A bill to amend 1976 PA 453, entitled "Elliott-Larsen civil rights act," by amending sections 202, 203, and 402 (MCL 37.2202, 37.2203, and 37.2402), section 202 as amended by 1991 PA 11 and section 402 as amended by 1993 PA 216. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 202. (1) An employer shall not do any of the 2 following: 3 (a) Fail or refuse to hire or recruit, discharge, or other- 4 wise discriminate against an individual with respect to employ- 5 ment, compensation, or a term, condition, or privilege of employ- 6 ment, because of religion, race, color, national origin, age, 7 sex, height, weight, or marital status. 8 (b) Limit, segregate, or classify an employee or applicant 9 for employment in a way that deprives or tends to deprive the 00371'99 DMS 2 1 employee or applicant of an employment opportunity, or otherwise 2 adversely affects the status of an employee or applicant because 3 of religion, race, color, national origin, age, sex, height, 4 weight, or marital status. 5 (c) Segregate, classify, or otherwise discriminate against a 6 person on the basis of sex with respect to a term, condition, or 7 privilege of employment, including, but not limited to, a benefit 8 plan or system. 9(d) Until January 1, 1994, require an employee of an insti-10tution of higher education who is serving under a contract of11unlimited tenure, or similar arrangement providing for unlimited12tenure, to retire from employment on the basis of the employee's13age. As used in this subdivision, "institution of higher14education" means a public or private university, college, commu-15nity college, or junior college located in this state.16 (D) ADJUST A TEST SCORE, USE A DIFFERENT CUTOFF SCORE, OR 17 OTHERWISE ALTER THE RESULTS OF A TEST ON THE BASIS OF RELIGION, 18 RACE, COLOR, NATIONAL ORIGIN, OR SEX FOR THE PURPOSE OF SELECTING 19 OR REFERRING AN APPLICANT OR CANDIDATE FOR EMPLOYMENT OR 20 PROMOTION. 21 (2) This section shall not be construed to prohibit the 22 establishment or implementation of a bona fide retirement policy 23 or system that is not a subterfuge to evade the purposes of this 24 section. 25 (3) This section does not apply to the employment of an 26 individual by his or her parent, spouse, or child. 00371'99 3 1 Sec. 203. An employment agency shall notfailDO ANY OF 2 THE FOLLOWING: 3 (A) FAIL or refuse to procure, refer, recruit, or place for 4 employment, or otherwise discriminate against, an individual 5 because of religion, race, color, national origin, age, sex, 6 height, weight, or marital status.; or classify7 (B) CLASSIFY or refer for employment an individual on the 8 basis of religion, race, color, national origin, age, sex, 9 height, weight, or marital status. 10 (C) ADJUST A TEST SCORE, USE A DIFFERENT CUTOFF SCORE, OR 11 OTHERWISE ALTER THE RESULTS OF A TEST ON THE BASIS OF RELIGION, 12 RACE, COLOR, NATIONAL ORIGIN, OR SEX FOR THE PURPOSE OF SELECTING 13 OR REFERRING AN APPLICANT OR CANDIDATE FOR EMPLOYMENT OR 14 PROMOTION. 15 Sec. 402. (1) An educational institution shall not do any 16 of the following: 17 (a) Discriminate against an individual in the full utiliza- 18 tion of or benefit from the institution, or the services, activi- 19 ties, or programs provided by the institution because of reli- 20 gion, race, color, national origin, or sex. 21 (b) Exclude, expel, limit, or otherwise discriminate against 22 an individual seeking admission as a student or an individual 23 enrolled as a student in the terms, conditions, or privileges of 24 the institution, because of religion, race, color, national 25 origin, or sex. 26 (c) For purposes of admission only, make or use a written or 27 oral inquiry or form of application that elicits or attempts to 00371'99 4 1 elicit information concerning the religion, race, color, national 2 origin, age, sex, or marital status of a person, except as per- 3 mitted by rule of the commission or as required by federal law, 4 rule, or regulation, or pursuant to an affirmative action 5 program. 6 (d) Print or publish or cause to be printed or published a 7 catalog, notice, or advertisement indicating a preference, limi- 8 tation, specification, or discrimination based on the religion, 9 race, color, national origin, or sex of an applicant for admis- 10 sion to the educational institution. 11 (e) Announce or follow a policy of denial or limitation 12 through a quota or otherwise of educational opportunities of a 13 group or its members because of religion, race, color, national 14 origin, or sex. 15 (F) ADJUST A TEST SCORE, USE A DIFFERENT TEST OR CUTOFF 16 SCORE, OR OTHERWISE ALTER THE RESULTS OF A TEST ON THE BASIS OF 17 RELIGION, RACE, COLOR, NATIONAL ORIGIN, GENDER, VETERAN STATUS, 18 ATHLETIC ABILITY, RELATIONSHIP TO ALUMNI, RELATIONSHIP TO SCHOOL 19 EMPLOYEES, RELATIONSHIP TO A FINANCIAL CONTRIBUTOR, OR RELATION- 20 SHIP TO A POLITICAL OR PUBLIC FIGURE FOR THE PURPOSE OF SELECTING 21 AN INDIVIDUAL FOR ADMISSION INTO THAT EDUCATIONAL INSTITUTION, 22 DETERMINING CLASS RANK OR CLASS STATUS OF AN INDIVIDUAL, OR 23 DETERMINING AN INDIVIDUAL'S ELIGIBILITY TO PARTICIPATE IN ANY 24 PROGRAM OF THAT EDUCATIONAL INSTITUTION. 25 (2) AS USED IN THIS SECTION, "TEST SCORE" MEANS THE RESULT 26 OF A STANDARDIZED TEST USED FOR THE PURPOSE OF ADMISSION TO AN 27 INSTITUTION OF HIGHER EDUCATION. 00371'99