Bill Text: MI HB4327 | 2009-2010 | 95th Legislature | Chaptered


Bill Title: Labor; fair employment practices; discriminatory treatment based on pregnancy; prohibit. Amends sec. 202 of 1976 PA 453 (MCL 37.2202).

Spectrum: Slight Partisan Bill (Democrat 19-12)

Status: (Passed) 2009-12-30 - Assigned Pa 190'09 With Immediate Effect [HB4327 Detail]

Download: Michigan-2009-HB4327-Chaptered.html

Act No. 190

Public Acts of 2009

Approved by the Governor

December 21, 2009

Filed with the Secretary of State

December 22, 2009

EFFECTIVE DATE: December 22, 2009

STATE OF MICHIGAN

95TH LEGISLATURE

REGULAR SESSION OF 2009

Introduced by Reps. Young, Johnson, Rick Jones, Melton, Warren, Durhal, Bettie Scott, Switalski, Angerer, Bauer, Terry Brown, Constan, Crawford, DeShazor, Espinoza, Geiss, Gonzales, Gregory, Hansen, Horn, Robert Jones, Lori, Marleau, Miller, Moss, Proos, Rocca, Schuitmaker, Stanley, Tyler and Valentine

ENROLLED HOUSE BILL No. 4327

AN ACT to amend 1976 PA 453, entitled “An act to define civil rights; to prohibit discriminatory practices, policies, and customs in the exercise of those rights based upon religion, race, color, national origin, age, sex, height, weight, familial status, or marital status; to preserve the confidentiality of records regarding arrest, detention, or other disposition in which a conviction does not result; to prescribe the powers and duties of the civil rights commission and the department of civil rights; to provide remedies and penalties; to provide for fees; and to repeal certain acts and parts of acts,” 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) 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 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.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor