SENATE BILL NO. 389 February 24, 1999, Introduced by Senator A. SMITH and referred to the Committee on Human Resources, Labor, Senior Citizens and Veterans Affairs. 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), sections 102 and 103 as amended by 1992 PA 124 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. 01955'99 DMS 2 1 (2) This sectionshall not be construed toDOES NOT 2 prevent an individual from bringing or continuing an action 3 arising out of sex discrimination before July 18, 1980whichIF 4 THE action is based on conduct similar to or identical to 5 harassment. 6 (3) This sectionshall not be construed toDOES NOT pre- 7 vent an individual from bringing or continuing an action arising 8 out of discrimination based on familial status beforethe effec-9tive date of the amendatory act that added this subsectionJUNE 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 article5V of the state constitution 25 of 1963. 26 (c) "Commissioner" means a member of the commission. 01955'99 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 13definitionSUBDIVISION, "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. 01955'99 4 1 (J)(i)"Discrimination because of sex" includes sexual 2 harassment which means unwelcome sexual advances, requests for 3 sexual favors, and other verbal or physical conduct or communica- 4 tion of a sexual naturewhenIF: 5 (i) Submission tosuchTHE conduct or communication is 6 made a term or condition either explicitly or implicitly to 7 obtain employment, public accommodations,orpublic services, 8 education, or housing. 9 (ii) Submission to or rejection ofsuchTHE conduct or 10 communication by an individual is used as a factor in decisions 11 affectingsuchTHE individual's employment, public 12 accommodations,orpublic services, education, or housing. 13 (iii)SuchTHE conduct or communication has the purpose or 14 effect of substantially interfering with an individual's employ- 15 ment, public accommodations,orpublic services, education, or 16 housing, or creating an intimidating, hostile, or offensive 17 employment, public accommodations, public services, educational, 18 or housing environment. 19 Sec. 202. (1) An employer shall not do any of the 20 following: 21 (a) Fail or refuse to hire,orrecruit, discharge, or oth- 22 erwise discriminate against an individual with respect to employ- 23 ment, compensation, or a term, condition, or privilege of employ- 24 ment,because of religion, race, color, national origin, age, 25 sex, height, weight, or marital status. 26 (b) Limit, segregate, or classify an employee or applicant 27 for employment in a way that deprives or tends to deprive the 01955'99 5 1 employee or applicant of an employment opportunity,or 2 otherwise adversely affects the status of an employee or appli- 3 cant because of religion, race, color, national origin, age, sex, 4 height, weight, or marital status. 5 (c) Segregate, classify, or otherwise discriminate against 6a personAN INDIVIDUAL on the basis of sex with respect to a 7 term, condition, or privilege of employment, including, but not 8 limited to, a benefit 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.FAIL OR 16 REFUSE TO PROVIDE COMPENSATION EQUALLY FOR WORK OF COMPARABLE 17 VALUE IN TERMS OF THE COMPOSITE SKILL, RESPONSIBILITY, EFFORT, 18 EDUCATION OR TRAINING, AND WORKING CONDITIONS BECAUSE OF RELI- 19 GION, RACE, COLOR, NATIONAL ORIGIN, AGE, SEX, HEIGHT, WEIGHT, OR 20 MARITAL STATUS. 21 (2) This sectionshall not be construed toDOES NOT pro- 22 hibit the establishment or implementation of a bona fide retire- 23 ment policy or system that is not a subterfuge to evade the pur- 24 poses of this section. 25 (3) This section does not apply to the employment of an 26 individual by his or her parent, spouse, or child. 01955'99 Final page. DMS