HOUSE BILL No. 4661 April 24, 2001, Introduced by Reps. Godchaux, Kolb, Jacobs, Thomas, McConico, Scranton, Dennis, Woodward, Bogardus, Lipsey, Murphy, Schauer, Whitmer, Hardman, Jamnick, Bovin, Garza, Hansen, Zelenko, Rivet, Waters, Switalski, Stallworth, Basham and Lemmons and referred to the Committee on Civil Law and the Judiciary. 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, 209, 302, 302a, 402, 502, 504, 505, and 506 (MCL 37.2102, 37.2103, 37.2202, 37.2203, 37.2204, 37.2205, 37.2206, 37.2207, 37.2209, 37.2302, 37.2302a, 37.2402, 37.2502, 37.2504, 37.2505, and 37.2506), the title as amended by 1992 PA 258, sections 102, 502, 504, 505, and 506 as amended by 1992 PA 124, section 103 as amended by 1999 PA 202, section 202 as amended by 1991 PA 11, section 302a as added by 1992 PA 70, and section 402 as amended by 1993 PA 216. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 00175'01 CAS 2 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 SEXUAL ORIENTATION, height, weight, familial status, or marital 6 status; to preserve the confidentiality of records regarding 7 arrest, detention, or other disposition in which a conviction 8 does not result; to prescribe the powers and duties of the civil 9 rights commission and the department of civil rights; to provide 10 remedies and penalties; and to repealcertainacts and parts of 11 acts. 12 Sec. 102. (1) The opportunity to obtain employment, housing 13 and other real estate, and the full and equal utilization of 14 public accommodations, public service, and educational facilities 15 without discrimination because of religion, race, color, national 16 origin, age, sex, SEXUAL ORIENTATION, height, weight, familial 17 status, or marital status as prohibited by this act, is recog- 18 nized and declared to be a civil right. 19 (2) This sectionshallDOES notbe construed toprevent 20 an individual from bringing or continuing an action arising out 21 of sex discrimination before July 18, 1980whichFOR AN action 22 THAT is based on conduct similar to or identical to harassment. 23 (3) This sectionshallDOES notbe construed toprevent 24 an individual from bringing or continuing an action arising out 25 of discrimination based on familial status before the effective 26 date of the amendatory act that added this subsectionwhichFOR 27 AN action THAT is based on conduct similar to or identical to 00175'01 3 1 discrimination because of the age of persons residing with the 2 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) "Commission" means the civil rights commission estab- 7 lished by section 29 of article V of the state constitution of 8 1963. 9 (c) "Commissioner" means a member of the commission. 10 (d) "Department" means the department of civil rights or its 11 employees. 12 (e) "Familial status" means 1 or more individuals under the 13 age of 18 residing with a parent or other person having custody 14 or in the process of securing legal custody of the individual or 15 individuals or residing with the designee of the parent or other 16 person having or securing custody, with the written permission of 17 the parent or other person. For purposes of this definition, 18 "parent" includes a person who is pregnant. 19 (f) "National origin" includes the national origin of an 20 ancestor. 21 (g) "Person" means an individual, agent, association, corpo- 22 ration, joint apprenticeship committee, joint stock company, 23 labor organization, legal representative, mutual company, part- 24 nership, receiver, trust, trustee in bankruptcy, unincorporated 25 organization, the state or a political subdivision of the state 26 or an agency of the state, or any other legal or commercial 27 entity. 00175'01 4 1 (h) "Political subdivision" means a county, city, village, 2 township, school district, or special district or authority of 3 the state. 4 (i) Discrimination because of sex includes sexual 5 harassment. Sexual harassment means unwelcome sexual advances, 6 requests for sexual favors, and other verbal or physical conduct 7 or communication of a sexual nature under the following 8 conditions: 9 (i) Submission to the conduct or communication is made a 10 term or condition either explicitly or implicitly to obtain 11 employment, public accommodations or public services, education, 12 or housing. 13 (ii) Submission to or rejection of the conduct or communica- 14 tion by an individual is used as a factor in decisions affecting 15 the individual's employment, public accommodations or public 16 services, education, or housing. 17 (iii) The conduct or communication has the purpose or effect 18 of substantially interfering with an individual's employment, 19 public accommodations or public services, education, or housing, 20 or creating an intimidating, hostile, or offensive employment, 21 public accommodations, public services, educational, or housing 22 environment. 23 (J) "SEXUAL ORIENTATION" MEANS HAVING AN ORIENTATION FOR 24 HETEROSEXUALITY, HOMOSEXUALITY, OR BISEXUALITY, OR HAVING A HIS- 25 TORY OF SUCH AN ORIENTATION OR BEING IDENTIFIED WITH SUCH AN 26 ORIENTATION. 00175'01 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, SEXUAL ORIENTATION, height, weight, or marital status. 8 (b) Limit, segregate, or classify an employee or applicant 9 for employment in a way that deprives or tends to deprive the 10 employee or applicant of an employment opportunity, or otherwise 11 adversely affects the status of an employee or applicant because 12 of religion, race, color, national origin, age, sex, SEXUAL 13 ORIENTATION, height, weight, or marital status. 14 (c) Segregate, classify, or otherwise discriminate against a 15 person on the basis of sex with respect to a term, condition, or 16 privilege of employment, including, but not limited to, a benefit 17 plan or system. 18(d) Until January 1, 1994, require an employee of an insti-19tution of higher education who is serving under a contract of20unlimited tenure, or similar arrangement providing for unlimited21tenure, to retire from employment on the basis of the employee's22age. As used in this subdivision, "institution of higher23education" means a public or private university, college, commu-24nity college, or junior college located in this state.25 (2) This sectionshallDOES notbe construed toprohibit 26 the establishment or implementation of a bona fide retirement 00175'01 6 1 policy or system that is not a subterfuge to evade the purposes 2 of this section. 3 (3) This section does not apply to the employment of an 4 individual by his or her parent, spouse, or child. 5 Sec. 203. An employment agency shall not fail or refuse to 6 procure, refer, recruit, or place for employment, or otherwise 7 discriminate against, an individual because of religion, race, 8 color, national origin, age, sex, SEXUAL ORIENTATION, height, 9 weight, or marital status; or classify or refer for employment an 10 individual on the basis of religion, race, color, national 11 origin, age, sex, SEXUAL ORIENTATION, height, weight, or marital 12 status. 13 Sec. 204. A labor organization shall not: 14 (a) Exclude or expel from membership, or otherwise discrimi- 15 nate against, a member or applicant for membership because of 16 religion, race, color, national origin, age, sex, SEXUAL 17 ORIENTATION, height, weight, or marital status. 18 (b) Limit, segregate, or classify membership or applicants 19 for membership, or classify or fail or refuse to refer for 20 employment an individual in a waywhichTHAT would deprive or 21 tend to deprive that individual of an employment opportunity, or 22whichTHAT would limit an employment opportunity, orwhich23 THAT would adversely affect wages, hours, or employment condi- 24 tions, or otherwise adversely affect the status of an employee or 25 an applicant for employment, because of religion, race, color, 26 national origin, age, sex, SEXUAL ORIENTATION, height, weight, or 27 marital status. 00175'01 7 1 (c) Cause or attempt to cause an employer to violate this 2 article. 3 (d) Fail to fairly and adequately represent a member in a 4 grievance process because of religion, race, color, national 5 origin, age, sex, SEXUAL ORIENTATION, height, weight, or marital 6 status. 7 Sec. 205. An employer, labor organization, or joint 8 labor-management committee controlling an apprenticeship, on the 9 job, or other training or retraining program, shall not discrimi- 10 nate against an individual because of religion, race, color, 11 national origin, age, sex, SEXUAL ORIENTATION, height, weight, or 12 marital status, in admission to, or employment or continuation 13 in, a program established to provide apprenticeship on the job, 14 or other training or retraining. 15 Sec. 206. (1) An employer, labor organization, or employ- 16 ment agency shall not print, circulate, post, mail, or otherwise 17 cause to be published a statement, advertisement, notice, or sign 18 relating to employment by the employer, or relating to membership 19 in or a classification or referral for employment by the labor 20 organization, or relating to a classification or referral for 21 employment by the employment agency,whichTHAT indicates a 22 preference, limitation, specification, or discrimination, based 23 on religion, race, color, national origin, age, sex, SEXUAL 24 ORIENTATION, height, weight, or marital status. 25 (2) Except as permitted by rules promulgated by the commis- 26 sion or by applicable federal law, an employer or employment 27 agency shall not: 00175'01 8 1 (a) Make or use a written or oral inquiry or form of 2 application that elicits or attempts to elicit information con- 3 cerning the religion, race, color, national origin, age, sex, 4 SEXUAL ORIENTATION, height, weight, or marital status of a pro- 5 spective employee. 6 (b) Make or keep a record of information described in subdi- 7 vision (a) ortodisclose that information. 8 (c) Make or use a written or oral inquiry or form of appli- 9 cation that expresses a preference, limitation, specification, or 10 discrimination based on religion, race, color, national origin, 11 age, sex, SEXUAL ORIENTATION, height, weight, or marital status 12 of a prospective employee. 13 Sec. 207. An individual seeking employment shall not pub- 14 lish or cause to be published a notice or advertisement that 15 specifies or indicates the individual's religion, race, color, 16 national origin, age, sex, SEXUAL ORIENTATION, height, weight, or 17 marital status, or expresses a preference, specification, limita- 18 tion, or discrimination as to the religion, race, color, national 19 origin, age, height, weight, sex, SEXUAL ORIENTATION, or marital 20 status of a prospective employer. 21 Sec. 209. A contract to whichtheTHIS state, a political 22 subdivision, or an agencythereofOF THIS STATE OR A POLITICAL 23 SUBDIVISION is a party shall contain a covenant by the contractor 24 and his OR HER subcontractors not to discriminate against an 25 employee or applicant for employment with respect to hire, 26 tenure, terms, conditions, or privileges of employment, or a 27 matter directly or indirectly related to employment, because of 00175'01 9 1 race, color, religion, national origin, age, sex, SEXUAL 2 ORIENTATION, height, weight, or marital status. Breach of this 3 covenant may be regarded as a material breach of the contract. 4 Sec. 302. Except where permitted by law, a person shall 5 not: 6 (a) Deny an individual the full and equal enjoyment of the 7 goods, services, facilities, privileges, advantages, or accommo- 8 dations of a place of public accommodation or public service 9 because of religion, race, color, national origin, age, sex, 10 SEXUAL ORIENTATION, or marital status. 11 (b) Print, circulate, post, mail, or otherwisecause to be12publishedPUBLISH a statement, advertisement, notice, or sign 13whichTHAT indicates that the full and equal enjoyment of the 14 goods, services, facilities, privileges, advantages, or accommo- 15 dations of a place of public accommodation or public service will 16 be refused, withheld from, or denied an individual because of 17 religion, race, color, national origin, age, sex, SEXUAL 18 ORIENTATION, or marital status, or that an individual's patronage 19 of or presence at a place of public accommodation is objection- 20 able, unwelcome, unacceptable, or undesirable because of reli- 21 gion, race, color, national origin, age, sex, SEXUAL ORIENTATION, 22 or marital status. 23 Sec. 302a. (1) This section applies to a private club that 24 is defined as a place of public accommodationpursuant toUNDER 25 section 301(a). 26 (2) If a private club allows use of its facilities by 1 or 27 more adults per membership, the use must be equally available to 00175'01 10 1 all adults entitled to use the facilities under the membership. 2 All classes of membership shall be available without regard to 3 race, color, gender, SEXUAL ORIENTATION, religion, marital 4 status, or national origin. Memberships that permit use during 5 restricted times may be allowed only if the restricted times 6 apply to all adults using that membership. 7 (3) A private club that has food or beverage facilities or 8 services shall allow equal access to those facilities and serv- 9 ices for all adults in all membership categories at all times. 10 This subsection shall not require service or access to facilities 11 to persons that would violate any law or ordinance regarding 12 sale, consumption, or regulation of alcoholic beverages. 13 (4) This section does not prohibit a private club from spon- 14 soring or permitting sports schools or leagues for children less 15 than 18 years of age that are limited by age or to members of 1 16 sex, if comparable and equally convenient access to the club's 17 facilities is made available to both sexes and if these activi- 18 ties are not used as a subterfuge to evade the purposes of this 19 article. 20 Sec. 402. An educational institution shall not do any of 21 the following: 22 (a) Discriminate against an individual in the full utiliza- 23 tion of or benefit from the institution, or the services, activi- 24 ties, or programs provided by the institution because of reli- 25 gion, race, color, national origin,orsex, OR SEXUAL 26 ORIENTATION. 00175'01 11 1 (b) Exclude, expel, limit, or otherwise discriminate against 2 an individual seeking admission as a student or an individual 3 enrolled as a student in the terms, conditions, or privileges of 4 the institution, because of religion, race, color, national 5 origin,orsex, OR SEXUAL ORIENTATION. 6 (c) For purposes of admission only, make or use a written or 7 oral inquiry or form of application that elicits or attempts to 8 elicit information concerning the religion, race, color, national 9 origin, age, sex, SEXUAL ORIENTATION, or marital status of a 10 person, except as permitted by rule of the commission or as 11 required by federal law, rule, or regulation, or pursuant to an 12 affirmative action program. 13 (d) Print or publish or cause to be printed or published a 14 catalog, notice, or advertisement indicating a preference, limi- 15 tation, specification, or discrimination based on the religion, 16 race, color, national origin,orsex, OR SEXUAL ORIENTATION of 17 an applicant for admission to the educational institution. 18 (e) Announce or follow a policy of denial or limitation 19 through a quota or otherwise of educational opportunities of a 20 group or its members because of religion, race, color, national 21 origin,orsex, OR SEXUAL ORIENTATION. 22 Sec. 502. (1) A person engaging in a real estate transac- 23 tion, or a real estate broker or salesman, shall not on the basis 24 of religion, race, color, national origin, age, sex, SEXUAL 25 ORIENTATION, familial status, or marital status of a person or a 26 person residing with that person: 00175'01 12 1 (a) Refuse to engage in a real estate transaction with a 2 person. 3 (b) Discriminate against a person in the terms, conditions, 4 or privileges of a real estate transaction or in the furnishing 5 of facilities or services in connection with a real estate 6 transaction. 7 (c) Refuse to receive from a person or transmit to a person 8 a bona fide offer to engage in a real estate transaction. 9 (d) Refuse to negotiate for a real estate transaction with a 10 person. 11 (e) Represent to a person that real property is not avail- 12 able for inspection, sale, rental, or lease when in fact it is so 13 available, or knowingly fail to bring a property listing to a 14 person's attention, or refuse to permit a person to inspect real 15 property, or otherwise make unavailable or deny real property to 16 a person. 17 (f)Make, printPRINT, circulate, post, mail, or otherwise 18cause to be made or publishedMAKE OR PUBLISH a statement, 19 advertisement, notice, or sign, or use a form of application for 20 a real estate transaction, or make a record of inquiry in connec- 21 tion with a prospective real estate transaction,whichTHAT 22 indicates, directly or indirectly, an intent to make a prefer- 23 ence, limitation, specification, or discrimination with respect 24 to the real estate transaction. 25 (g) Offer, solicit, accept, use, or retain a listing of real 26 property with the understanding that a person may be 27 discriminated against in a real estate transaction or in the 00175'01 13 1 furnishing of facilities or services in connectiontherewith2 WITH A REAL ESTATE TRANSACTION. 3 (h) Discriminate against a person in the brokering or 4 appraising of real property. 5 (2) A person shall not deny a person access to, or member- 6 ship or participation in, a multiple listing service, real estate 7 brokers' organization or other service, organization, or facility 8 relating to the business of selling or renting real property or 9 to discriminate against him or her in the terms or conditions of 10 that access, membership, or participation because of religion, 11 race, color, national origin, age, sex, SEXUAL ORIENTATION, 12 familial status, or marital status. 13 (3) This section is subject to section 503. 14 Sec. 504. (1) A person to whom application is made for 15 financial assistance or financing in connection with a real 16 estate transaction or in connection with the construction, reha- 17 bilitation, repair, maintenance, or improvement of real property, 18 or a representative of that person, shall not: 19 (a) Discriminate against the applicant because of the reli- 20 gion, race, color, national origin, age, sex, SEXUAL ORIENTATION, 21 familial status, or marital status of the applicant or a person 22 residing with the applicant. 23 (b) Use a form of application for financial assistance or 24 financing or make or keep a record or inquiry in connection with 25 an application for financial assistance or financingwhichTHAT 26 indicates, directly or indirectly, a preference, limitation, 27 specification, or discrimination as to the religion, race, color, 00175'01 14 1 national origin, age, sex, SEXUAL ORIENTATION, familial status, 2 or marital status of the applicant or a person residing with the 3 applicant. 4 (2) A person whose business includes engaging in real estate 5 transactions shall not discriminate against a person because of 6 religion, race, color, national origin, age, sex, SEXUAL 7 ORIENTATION, familial status, or marital status, in the purchas- 8 ing of loans for acquiring, constructing, improving, repairing, 9 or maintaining a dwelling or the making or purchasing of loans or 10 the provision of other financial assistance secured by residen- 11 tial real estate. 12 (3) Subsection (1)(b) does not apply to a form of applica- 13 tion for financial assistance prescribed for the use of a lender 14 regulated as a mortgagee under the national housing act, 15 chapter 847, 48 Stat. 1246, or by a regulatory board or officer 16 acting under the statutory authority of this state or the United 17 States. 18 Sec. 505. (1) A condition, restriction, or prohibition, 19 including a right of entry or possibility of reverter, that 20 directly or indirectly limits the use or occupancy of real prop- 21 erty on the basis of religion, race, color, national origin, age, 22 sex, SEXUAL ORIENTATION, familial status, or marital status is 23 void, except a limitation of use as provided in section 503(1)(c) 24 or on the basis of religion relating to real property held by a 25 religious institution or organization, or by a religious or char- 26 itable organization operated, supervised, or controlled by a 00175'01 15 1 religious institution or organization, and used for religious or 2 charitable purposes. 3 (2) A person shall not insert in a written instrument relat- 4 ing to real property a provision that is void under this section 5 or honor such a provision in the chain of title. 6 Sec. 506. A person shall not represent, for the purpose of 7 inducing a real estate transaction from which the person may ben- 8 efit financially, that a change has occurred or will or may occur 9 in the composition with respect to religion, race, color, 10 national origin, age, sex, SEXUAL ORIENTATION, familial status, 11 or marital status of the owners or occupants in the block, neigh- 12 borhood, or area in which the real property is located, or repre- 13 sent that this change will or may result in the lowering of prop- 14 erty values, an increase in criminal or antisocial behavior, or a 15 decline in the quality of schools in the block, neighborhood, or 16 area in which the real property is located. 00175'01 Final page. CAS