November 28, 2006, Introduced by Senator JOHNSON and referred to the Committee on Judiciary.
A bill to amend 1976 PA 453, entitled
"Elliott-Larsen civil rights act,"
by amending section 202 (MCL 37.2202), 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, 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 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. This subdivision prohibits an employer that is not
a religious employer and that provides an otherwise comprehensive
employee health plan from excluding coverage for prescription
contraceptive drugs and services. For purposes of this subdivision,
"religious employer" means a nonprofit organization, as defined in
section 501(c)(3) of the internal revenue code of 1986, 26 USC 501,
that is established for the primary purpose of inculcating
religious values and that both primarily employs and primarily
serves individuals who share the religious tenets of the
organization.
(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.
(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.