HB-4327, As Passed Senate, December 10, 2009

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4327

     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.

     (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.

     (d) Treat an individual affected by pregnancy, childbirth, or

a related medical condition differently for any employment-related

purpose from another individual who is not so affected but similar

in ability or inability to work, without regard to the source of

any condition affecting the other individual's ability or inability

to work. For purposes of this subdivision, a medical condition

related to pregnancy or childbirth does not include nontherapeutic

abortion not intended to save the life of the mother.

     (2) This section shall not be construed to does not 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.