House Introduced Bill 4648

HOUSE BILL No. 4648


     April 24, 2001, Introduced by Reps. Quarles, Jamnick, Clark, Minore, Zelenko, Kolb, Waters, Dennis, Garza, Hale, Plakas,
Rison, Woodward, Bogardus, Jacobs, Rivet, Gieleghem, Godchaux and Lemmons and referred to the Committee on Employment
Relations, Training and Safety.


        A bill to amend 1976 PA 220, entitled

   "Persons with disabilities civil rights act,"

   by amending sections 201 and 202 (MCL 37.1201 and 37.1202), as

   amended by 2000 PA 32.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 201.  As used in this article:

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           (A) "COMPENSATION" MEANS ALL EARNINGS OF AN EMPLOYEE,

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      INCLUDING WAGES AND BENEFITS, WHETHER DETERMINED ON THE BASIS OF

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      TIME, TASK, PIECE, COMMISSION, OR OTHER METHOD OF CALCULATION FOR

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      LABOR, SERVICES, OR WORK PERFORMED.

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           (B)  (a)  "Employee" does not include an individual employed

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      in domestic service of  any  A person.

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           (C)  (b)  "Employer" means a person who has 1 or more

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      employees or a person who as A contractor or subcontractor  is

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      furnishing  FURNISHES material or  performing  PERFORMS
   work for


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      the state or a governmental entity or agency of the state and

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      includes an agent of  such a  THAT person.

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           (D)  (c)  "Employment agency" means a person WHO regularly

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       undertaking  UNDERTAKES with or without compensation to procure

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      employees for an employer or to procure for employees opportuni-

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      ties to work for an employer and includes an agent of  such a 

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      THAT person.

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           (E)  (d)  "Genetic information" means information about a

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      gene, gene product, or inherited characteristic of an individual

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      derived from the individual's family history or a genetic test.

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           (F)  (e)  "Genetic test" means the analysis of human DNA,

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      RNA, chromosomes, and those proteins and metabolites used to

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      detect heritable or somatic disease-related genotypes or karyo-

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      types for clinical purposes.  A genetic test must be generally

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      accepted in the scientific and medical communities as being spe-

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      cifically determinative for the presence, absence, or mutation of

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      a gene or chromosome in order to qualify under this definition.

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      Genetic test does not include a routine physical examination or a

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      routine analysis including, but not limited to, a chemical analy-

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      sis of body fluids unless conducted specifically to determine the

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      presence, absence, or mutation of a gene or chromosome.

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           (G)  (f)  "Labor organization"  includes  MEANS:

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           (i) An organization of any kind, an agency or employee rep-

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      resentation committee, group, association, or plan in which

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      employees participate and  which  THAT exists for the purpose, in

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      whole or in part, of dealing with employers concerning





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      grievances, labor disputes, wages, rates of pay, hours, or other

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      terms or conditions of employment.

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           (ii) A conference, general committee, joint or system board,

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      or joint council  which  THAT is subordinate to a national or

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      international labor organization.

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           (iii) An agent of a labor organization.

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           Sec. 202.  (1) Except as otherwise required by federal law,

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      an employer shall not:

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           (a) Fail or refuse to hire, recruit, or promote an individ-

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      ual because of a disability or genetic information that is unre-

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      lated to the individual's ability to perform the duties of a par-

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      ticular job or position.

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           (b) Discharge or otherwise discriminate against an individ-

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      ual with respect to compensation or the terms, conditions, or

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      privileges of employment, because of a disability or genetic

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      information that is unrelated to the individual's ability to per-

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      form the duties of a particular job or position.

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           (c) Limit, segregate, or classify an employee or applicant

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      for employment in a way  which  THAT deprives or tends to deprive

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      an individual of AN employment  opportunities  OPPORTUNITY or

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      otherwise adversely affects the status of an employee because of

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      a disability or genetic information that is unrelated to the

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      individual's ability to perform the duties of a particular job or

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      position.

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           (d) Fail or refuse to hire, recruit, or promote an individ-

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      ual on the basis of A physical or mental  examinations 





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      EXAMINATION that  are  IS not directly related to the

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      requirements of the specific job.

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           (e) Discharge or take other discriminatory action against an

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      individual on the basis of A physical or mental  examinations 

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      EXAMINATION that  are  IS not directly related to the require-

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      ments of the specific job.

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           (f) Fail or refuse to hire, recruit, or promote an individ-

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      ual  when  IF AN adaptive  devices or aids  DEVICE OR AID
   may be

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      utilized  thereby enabling  TO ENABLE that individual to perform

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      the specific requirements of the job.

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           (g) Discharge or take other discriminatory action against an

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      individual  when  IF AN adaptive  devices or aids  DEVICE
   OR AID

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      may be utilized  thereby enabling  TO ENABLE that individual to

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      perform the specific requirements of the job.

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           (H) FAIL OR REFUSE TO PROVIDE COMPENSATION EQUALLY FOR WORK

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      OF COMPARABLE VALUE IN TERMS OF THE COMPOSITE SKILL, RESPONSIBIL-

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      ITY, EFFORT, HOURS WORKED, EXPERIENCE, SENIORITY, EDUCATION OR

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      TRAINING, AND WORKING CONDITIONS BECAUSE OF A DISABILITY THAT IS

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      UNRELATED TO THE INDIVIDUAL'S ABILITY TO PERFORM THE DUTIES OF A

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      PARTICULAR JOB OR POSITION.

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           (I)  (h)  Require an individual to submit to a genetic test

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      or to provide genetic information as a condition of employment or

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      promotion.

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           (2) Subsection (1) does not prohibit an individual from vol-

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      untarily providing to an employer genetic information that is

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      related to the employee's health or safety in the workplace.

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      Subsection (1) does not prohibit an employer from using genetic



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      information received from an employee under this subsection to

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      protect the employee's health or safety.

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           (3) This section shall not apply to the employment of an

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      individual by his or her parent, spouse, or child.

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           (4) Except as otherwise provided in subsection (2), no

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      employer may directly or indirectly acquire or have access to any

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      genetic information concerning an employee or applicant for

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      employment, or a member of the employee's or applicant's family.

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           Enacting section 1.  This amendatory act does not take

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      effect unless Senate Bill No. _______ or House Bill No. 4649

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      (request no. 03556'01 *) of the 91st Legislature is enacted into

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      law.
































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