SENATE BILL No. 372

March 29, 2001, Introduced by Senators SMITH, CHERRY, DE BEAUSSAERT, BYRUM, DINGELL, YOUNG, EMERSON, MURPHY, MC MANUS, KOIVISTO and

MILLER and referred to the Committee on Human Resources 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:

1 Sec. 102. (1) The opportunity to obtain employment, housing

2 and other real estate, and the full and equal utilization of

3 public accommodations, public service, and educational facilities

4 without discrimination because of religion, race, color, national

5 origin, age, sex, height, weight, familial status, or marital

6 status as prohibited by this act , is recognized and declared

7 to be a civil right.

02150'01 CAS

2

1 (2) This section shall not be construed to DOES NOT

2 prevent an individual from bringing or continuing an action aris-

3 ing out of sex discrimination before July 18, 1980 which IF THE

4 action is based on conduct similar to or identical to

5 harassment.

6 (3) This section shall not be construed to DOES NOT pre-

7 vent an individual from bringing or continuing an action arising

8 out of discrimination based on familial status before the effec-

9 tive date of the amendatory act that added this subsection JUNE

10 29, 1992, which action is based on conduct similar to or identi-

11 cal to discrimination because of the age of persons residing with

12 the individual bringing or continuing the action.

13 (4) THIS SECTION DOES NOT PREVENT AN INDIVIDUAL FROM BRING-

14 ING OR CONTINUING AN ACTION ARISING OUT OF DISCRIMINATION BECAUSE

15 OF RELIGION, RACE, COLOR, NATIONAL ORIGIN, AGE, SEX, HEIGHT,

16 WEIGHT, OR MARITAL STATUS BEFORE THE EFFECTIVE DATE OF THE AMEN-

17 DATORY ACT THAT ADDED THIS SUBSECTION IF THE ACTION IS BASED ON

18 CONDUCT SIMILAR OR IDENTICAL TO CONDUCT PROHIBITED IN SECTION

19 202(1)(D).

20 Sec. 103. As used in this act:

21 (a) "Age" means chronological age except as otherwise pro-

22 vided by law.

23 (b) "Commission" means the civil rights commission estab-

24 lished by section 29 of article V of the state constitution of

25 1963.

26 (c) "Commissioner" means a member of the commission.

02150'01

3

1 (D) "COMPENSATION" MEANS ALL EARNINGS OF AN EMPLOYEE,

2 INCLUDING WAGES AND BENEFITS, WHETHER DETERMINED ON THE BASIS OF

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

4 LABOR, SERVICES, OR WORK PERFORMED.

5 (E) (d) "Department" means the department of civil rights

6 or its employees.

7 (F) (e) "Familial status" means 1 or more individuals

8 under the age of 18 residing with a parent or other person having

9 custody or in the process of securing legal custody of the indi-

10 vidual or individuals or residing with the designee of the parent

11 or other person having or securing custody, with the written per-

12 mission of the parent or other person. For purposes of this

13 definition SUBDIVISION, "parent" includes a person who is

14 pregnant.

15 (G) (f) "National origin" includes the national origin of

16 an ancestor.

17 (H) (g) "Person" means an individual, agent, association,

18 corporation, joint apprenticeship committee, joint stock company,

19 labor organization, legal representative, mutual company, part-

20 nership, receiver, trust, trustee in bankruptcy, unincorporated

21 organization, the state or a political subdivision of the state

22 or an agency of the state, or any other legal or commercial

23 entity.

24 (I) (h) "Political subdivision" means a county, city, vil-

25 lage, township, school district, or special district or authority

26 of the state.

02150'01

4

1 (J) (i) Discrimination because of sex includes sexual

2 harassment. Sexual harassment means unwelcome sexual advances,

3 requests for sexual favors, and other verbal or physical conduct

4 or communication of a sexual nature under the following

5 conditions:

6 (i) Submission to the conduct or communication is made a

7 term or condition either explicitly or implicitly to obtain

8 employment, public accommodations or public services, education,

9 or housing.

10 (ii) Submission to or rejection of the conduct or communica-

11 tion by an individual is used as a factor in decisions affecting

12 the individual's employment, public accommodations or public

13 services, education, or housing.

14 (iii) The conduct or communication has the purpose or effect

15 of substantially interfering with an individual's employment,

16 public accommodations or public services, education, or housing,

17 or creating an intimidating, hostile, or offensive employment,

18 public accommodations, public services, educational, or housing

19 environment.

20 Sec. 202. (1) An employer shall not do any of the

21 following:

22 (a) Fail or refuse to hire, or recruit, discharge, or oth-

23 erwise discriminate against an individual with respect to employ-

24 ment, compensation, or a term, condition, or privilege of employ-

25 ment , because of religion, race, color, national origin, age,

26 sex, height, weight, or marital status.

02150'01

5

1 (b) Limit, segregate, or classify an employee or applicant

2 for employment in a way that deprives or tends to deprive the

3 employee or applicant of an employment opportunity , or other-

4 wise adversely affects the status of an employee or applicant

5 because of religion, race, color, national origin, age, sex,

6 height, weight, or marital status.

7 (c) Segregate, classify, or otherwise discriminate against

8 a person AN INDIVIDUAL on the basis of sex with respect to a

9 term, condition, or privilege of employment, including, but not

10 limited to, a benefit plan or system.

11 (d) Until January 1, 1994, require an employee of an insti-

12 tution of higher education who is serving under a contract of

13 unlimited tenure, or similar arrangement providing for unlimited

14 tenure, to retire from employment on the basis of the employee's

15 age. As used in this subdivision, "institution of higher

16 education" means a public or private university, college, commu-

17 nity college, or junior college located in this state. FAIL OR

18 REFUSE TO PROVIDE COMPENSATION EQUALLY FOR WORK OF COMPARABLE

19 VALUE IN TERMS OF THE COMPOSITE SKILL, RESPONSIBILITY, EFFORT,

20 EDUCATION OR TRAINING, AND WORKING CONDITIONS BECAUSE OF RELI-

21 GION, RACE, COLOR, NATIONAL ORIGIN, AGE, SEX, HEIGHT, WEIGHT, OR

22 MARITAL STATUS.

23 (2) This section shall not be construed to DOES NOT pro-

24 hibit the establishment or implementation of a bona fide retire-

25 ment policy or system that is not a subterfuge to evade the pur-

26 poses of this section.

02150'01

6

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

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

02150'01 Final page. CAS