HOUSE BILL No. 6097


     November 9, 2000, Introduced by Reps. Woodward, Green, Rick Johnson and Quarles and referred to the Committee on
Family and Civil Law.


        A bill to amend 1976 PA 453, entitled

   "Elliott-Larsen civil rights act,"

   by amending the title and sections 102, 103, 202, 203, 204, 205,

   206, 207, and 302 (MCL 37.2102, 37.2103, 37.2202, 37.2203,

   37.2204, 37.2205, 37.2206, 37.2207, and 37.2302), the title as

   amended by 1992 PA 258, 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
                                    TITLE

 2
           An act to define civil rights; to prohibit discriminatory

 3
      practices, policies, and customs in the exercise of those rights

 4
      based upon religion, race, color, national origin, age, sex,

 5
      height, weight, familial status,  or  marital status, THE

 6
      OWNERSHIP OR OPERATION OF A MOTORCYCLE, OR THE WEARING OF


   05958'00                                                 CAS
                                              2

 1
      CLOTHING ASSOCIATED WITH MOTORCYCLE OWNERSHIP OR OPERATION; to

 2
      preserve the confidentiality of records regarding arrest, deten-

 3
      tion, or other disposition in which a conviction does not result;

 4
      to prescribe the powers and duties of the civil rights commission

 5
      and the department of civil rights; to provide remedies and pen-

 6
      alties; to provide for fees; and to repeal certain acts and parts

 7
      of acts.

 8
           Sec. 102.  (1) The opportunity to obtain employment, housing

 9
      and other real estate, and the full and equal utilization of

10
      public accommodations, public service, and educational facilities

11
      without discrimination because of religion, race, color, national

12
      origin, age, sex, height, weight, familial status,  or  marital

13
      status, THE OWNERSHIP OR OPERATION OF A MOTORCYCLE, OR THE WEAR-

14
      ING OF CLOTHING ASSOCIATED WITH MOTORCYCLE OWNERSHIP OR OPERATION

15
      as prohibited by this act, is recognized and declared to be a

16
      civil right.

17
           (2) This section  shall not be construed to  DOES NOT pre-

18
      vent an individual from bringing or continuing an action arising

19
      out of sex discrimination before July 18, 1980  which  FOR AN

20
      action THAT is based on conduct similar to or identical to

21
      harassment.

22
           (3) This section  shall not be construed to  DOES NOT pre-

23
      vent an individual from bringing or continuing an action arising

24
      out of discrimination based on familial status before  the effec-

25
      tive date of the amendatory act that added this subsection which 

26
      JUNE 29, 1992 FOR AN action THAT is based on conduct similar to





   05958'00                                    3

 1
      or identical to discrimination because of the age of persons

 2
      residing with the individual bringing or continuing the action.

 3
           Sec. 103.  As used in this act:

 4
           (a) "Age" means chronological age except as otherwise pro-

 5
      vided by law.

 6
           (B) "CLOTHING ASSOCIATED WITH MOTORCYCLE OWNERSHIP OR

 7
      OPERATION" MEANS CLOTHING THAT DISPLAYS THE NAME OR LIKENESS OF A

 8
      MOTORCYCLE, A MOTORCYCLE-RELATED PRODUCT, OR THE NAME OF A

 9
      MOTORCYCLE-RELATED ORGANIZATION, MANUFACTURER, OR ASSOCIATION.

10
           (C)  (b)  "Commission" means the civil rights commission

11
      established by section 29 of article V of the state constitution

12
      of 1963.

13
           (D)  (c)  "Commissioner" means a member of the commission.

14
           (E)  (d)  "Department" means the department of civil rights

15
      or its employees.

16
           (F)  (e)  "Familial status" means 1 or more individuals

17
      under the age of 18 residing with a parent or other person having

18
      custody or in the process of securing legal custody of the indi-

19
      vidual or individuals or residing with the designee of the parent

20
      or other person having or securing custody, with the written per-

21
      mission of the parent or other person.  For purposes of this def-

22
      inition, "parent" includes a person who is pregnant.

23
           (G)  (f)  "National origin" includes the national origin of

24
      an ancestor.

25
           (H)  (g)  "Person" means an individual, agent, association,

26
      corporation, joint apprenticeship committee, joint stock company,

27
      labor organization, legal representative, mutual company,



   05958'00
                                   4

 1
      partnership, receiver, trust, trustee in bankruptcy,

 2
      unincorporated organization, the state or a political subdivision

 3
      of the state or an agency of the state, or any other legal or

 4
      commercial entity.

 5
           (I)  (h)  "Political subdivision" means a county, city, vil-

 6
      lage, township, school district, or special district or authority

 7
      of the state.

 8
           (J)  (i)  "Discrimination because of sex" includes sexual

 9
      harassment.  "Sexual harassment" means unwelcome sexual advances,

10
      requests for sexual favors, and other verbal or physical conduct

11
      or communication of a sexual nature under the following

12
      conditions:

13
           (i) Submission to the conduct or communication is made a

14
      term or condition either explicitly or implicitly to obtain

15
      employment, public accommodations or public services, education,

16
      or housing.

17
           (ii) Submission to or rejection of the conduct or communica-

18
      tion by an individual is used as a factor in decisions affecting

19
      the individual's employment, public accommodations or public

20
      services, education, or housing.

21
           (iii) The conduct or communication has the purpose or effect

22
      of substantially interfering with an individual's employment,

23
      public accommodations or public services, education, or housing,

24
      or creating an intimidating, hostile, or offensive employment,

25
      public accommodations, public services, educational, or housing

26
      environment.





   05958'00
                                   5

 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, THE OWNERSHIP OR OPERA-

 8
      TION OF A MOTORCYCLE, OR THE WEARING OF CLOTHING ASSOCIATED WITH

 9
      MOTORCYCLE OWNERSHIP OR OPERATION.

10
           (b) Limit, segregate, or classify an employee or applicant

11
      for employment in a way that deprives or tends to deprive the

12
      employee or applicant of an employment opportunity, or otherwise

13
      adversely affects the status of an employee or applicant because

14
      of religion, race, color, national origin, age, sex, height,

15
      weight,  or  marital status, THE OWNERSHIP OR OPERATION OF A

16
      MOTORCYCLE, OR THE WEARING OF CLOTHING ASSOCIATED WITH MOTORCYCLE

17
      OWNERSHIP OR OPERATION.

18
           (c) Segregate, classify, or otherwise discriminate against a

19
      person on the basis of sex with respect to a term, condition, or

20
      privilege of employment, including, but not limited to, a benefit

21
      plan or system.

22
           (d) Until January 1, 1994, require an employee of an insti-

23
      tution of higher education who is serving under a contract of

24
      unlimited tenure, or similar arrangement providing for unlimited

25
      tenure, to retire from employment on the basis of the employee's

26
      age.  As used in this subdivision, "institution of higher





   05958'00
                                   6

 1
      education" means a public or private university, college,

 2
      community college, or junior college located in this state.

 3
           (2) This section shall not be construed to prohibit the

 4
      establishment or implementation of a bona fide retirement policy

 5
      or system that is not a subterfuge to evade the purposes of this

 6
      section.

 7
           (3) This section does not apply to the employment of an

 8
      individual by his or her parent, spouse, or child.

 9
           Sec. 203.  An employment agency shall not fail or refuse to

10
      procure, refer, recruit, or place for employment, or otherwise

11
      discriminate against, an individual because of religion, race,

12
      color, national origin, age, sex, height, weight,  or  marital

13
      status, THE OWNERSHIP OR OPERATION OF A MOTORCYCLE, OR THE WEAR-

14
      ING OF CLOTHING ASSOCIATED WITH MOTORCYCLE OWNERSHIP OR

15
      OPERATION; or classify or refer for employment an individual on

16
      the basis of religion, race, color, national origin, age, sex,

17
      height, weight,  or  marital status, THE OWNERSHIP OR OPERATION

18
      OF A MOTORCYCLE, OR THE WEARING OF CLOTHING ASSOCIATED WITH

19
      MOTORCYCLE OWNERSHIP OR OPERATION.

20
           Sec. 204.  A labor organization shall not:

21
           (a) Exclude or expel from membership, or otherwise discrimi-

22
      nate against, a member or applicant for membership because of

23
      religion, race, color, national origin, age, sex, height, weight,

24
       or  marital status, THE OWNERSHIP OR OPERATION OF A MOTORCYCLE,

25
      OR THE WEARING OF CLOTHING ASSOCIATED WITH MOTORCYCLE OWNERSHIP

26
      OR OPERATION.





   05958'00
                                   7

 1
           (b) Limit, segregate, or classify membership or applicants

 2
      for membership, or classify or fail or refuse to refer for

 3
      employment an individual in a way  which  THAT would deprive or

 4
      tend to deprive that individual of an employment opportunity, or

 5
       which  THAT would limit an employment opportunity, or  which
   

 6
      THAT would adversely affect wages, hours, or employment condi-

 7
      tions, or otherwise adversely affect the status of an employee or

 8
      an applicant for employment, because of religion, race, color,

 9
      national origin, age, sex, height, weight,  or  marital status,

10
      THE OWNERSHIP OR OPERATION OF A MOTORCYCLE, OR THE WEARING OF

11
      CLOTHING ASSOCIATED WITH MOTORCYCLE OWNERSHIP OR OPERATION.

12
           (c) Cause or attempt to cause an employer to violate this

13
      article.

14
           (d) Fail to fairly and adequately represent a member in a

15
      grievance process because of religion, race, color, national

16
      origin, age, sex, height, weight,  or  marital status, THE OWNER-

17
      SHIP OR OPERATION OF A MOTORCYCLE, OR THE WEARING OF CLOTHING

18
      ASSOCIATED WITH MOTORCYCLE OWNERSHIP OR OPERATION.

19
           Sec. 205.  An employer, labor organization, or joint

20
      labor-management committee controlling an apprenticeship, on the

21
      job, or other training or retraining program, shall not discrimi-

22
      nate against an individual because of religion, race, color,

23
      national origin, age, sex, height, weight,  or  marital status,

24
      THE OWNERSHIP OR OPERATION OF A MOTORCYCLE, OR THE WEARING OF

25
      CLOTHING ASSOCIATED WITH MOTORCYCLE OWNERSHIP OR OPERATION, in

26
      admission to, or employment or continuation in, a program





   05958'00
                                   8

 1
      established to provide apprenticeship on the job, or other

 2
      training or retraining.

 3
           Sec. 206.  (1) An employer, labor organization, or employ-

 4
      ment agency shall not print, circulate, post, mail, or otherwise

 5
      cause to be published a statement, advertisement, notice, or sign

 6
      relating to employment by the employer, or relating to membership

 7
      in or a classification or referral for employment by the labor

 8
      organization, or relating to a classification or referral for

 9
      employment by the employment agency,  which  THAT indicates a

10
      preference, limitation, specification, or discrimination, based

11
      on religion, race, color, national origin, age, sex, height,

12
      weight,  or  marital status, THE OWNERSHIP OR OPERATION OF A

13
      MOTORCYCLE, OR THE WEARING OF CLOTHING ASSOCIATED WITH MOTORCYCLE

14
      OWNERSHIP OR OPERATION.

15
           (2) Except as permitted by rules promulgated by the commis-

16
      sion or by applicable federal law, an employer or employment

17
      agency shall not:

18
           (a) Make or use a written or oral inquiry or form of appli-

19
      cation that elicits or attempts to elicit information concerning

20
      the religion, race, color, national origin, age, sex, height,

21
      weight,  or  marital status, THE OWNERSHIP OR OPERATION OF A

22
      MOTORCYCLE, OR THE WEARING OF CLOTHING ASSOCIATED WITH MOTORCYCLE

23
      OWNERSHIP OR OPERATION of a prospective employee.

24
           (b) Make or keep a record of information described in

25
      subdivision (a) or to disclose that information.

26
           (c) Make or use a written or oral inquiry or form of

27
      application that expresses a preference, limitation,



   05958'00
                                   9

 1
      specification, or discrimination based on religion, race, color,

 2
      national origin, age, sex, height, weight,  or  marital status,

 3
      THE OWNERSHIP OR OPERATION OF A MOTORCYCLE, OR THE WEARING OF

 4
      CLOTHING ASSOCIATED WITH MOTORCYCLE OWNERSHIP OR OPERATION of a

 5
      prospective employee.

 6
           Sec. 207.  An individual seeking employment shall not pub-

 7
      lish or cause to be published a notice or advertisement that

 8
      specifies or indicates the individual's religion, race, color,

 9
      national origin, age, sex, height, weight,  or  marital status,

10
      THE OWNERSHIP OR OPERATION OF A MOTORCYCLE, OR THE WEARING OF

11
      CLOTHING ASSOCIATED WITH MOTORCYCLE OWNERSHIP OR OPERATION, or

12
      expresses a preference, specification, limitation, or discrimina-

13
      tion as to the religion, race, color, national origin, age,

14
      height, weight, sex,  or  marital status, THE OWNERSHIP OR OPERA-

15
      TION OF A MOTORCYCLE, OR THE WEARING OF CLOTHING ASSOCIATED WITH

16
      MOTORCYCLE OWNERSHIP OR OPERATION of a prospective employer.

17
           Sec. 302.  Except where permitted by law, a person shall

18
      not:

19
           (a) Deny an individual the full and equal enjoyment of the

20
      goods, services, facilities, privileges, advantages, or accommo-

21
      dations of a place of public accommodation or public service

22
      because of religion, race, color, national origin, age, sex,  or 

23
      marital status, THE OWNERSHIP OR OPERATION OF A MOTORCYCLE, OR

24
      THE WEARING OF CLOTHING ASSOCIATED WITH MOTORCYCLE OWNERSHIP OR

25
      OPERATION.

26
           (b) Print, circulate, post, mail, or otherwise cause to be

27
      published a statement, advertisement, notice, or sign  which 



   05958'00
                                  10

 1
      THAT indicates that the full and equal enjoyment of the goods,

 2
      services, facilities, privileges, advantages, or accommodations

 3
      of a place of public accommodation or public service will be

 4
      refused, withheld from, or denied an individual because of reli-

 5
      gion, race, color, national origin, age, sex,  or  marital

 6
      status, THE OWNERSHIP OR OPERATION OF A MOTORCYCLE, OR THE WEAR-

 7
      ING OF CLOTHING ASSOCIATED WITH MOTORCYCLE OWNERSHIP OR

 8
      OPERATION, or that an individual's patronage of or presence at a

 9
      place of public accommodation is objectionable, unwelcome, unac-

10
      ceptable, or undesirable because of religion, race, color,

11
      national origin, age, sex,  or  marital status, THE OWNERSHIP OR

12
      OPERATION OF A MOTORCYCLE, OR THE WEARING OF CLOTHING ASSOCIATED

13
      WITH MOTORCYCLE OWNERSHIP OR OPERATION.































   05958'00          Final page.                            CAS