Bill Text: MI HB4538 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Civil rights; general discrimination; sexual orientation and gender identity or expression; include as categories protected under the Elliott-Larsen civil rights act. Amends title & secs. 102, 103, 202, 203, 204, 205, 206, 207, 209, 302, 302a, 402, 502, 504, 505 & 506 of 1976 PA 453 (MCL 37.2102 et seq.).
Spectrum: Partisan Bill (Democrat 43-0)
Status: (Introduced - Dead) 2015-05-05 - Printed Bill Filed 05/01/2015 [HB4538 Detail]
Download: Michigan-2015-HB4538-Introduced.html
HOUSE BILL No. 4538
April 30, 2015, Introduced by Reps. Hoadley, Moss, Hovey-Wright, Faris, Plawecki, Cochran, Greig, Geiss, Sarah Roberts, Dillon, Darany, Liberati, Singh, Rutledge, Greimel, Brinks, Schor, Yanez, Wittenberg, Kivela, Brunner, Dianda, Chang, Guerra, Durhal, Gay-Dagnogo, Garrett, Byrd, Derek Miller, Driskell, Pagan, LaVoy, Chirkun, Robinson, Irwin, Love, Banks, Phelps, Kosowski, Talabi, Townsend, Neeley and Zemke and referred to the Committee on Commerce and Trade.
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 2009 PA 190, 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:
TITLE
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, sexual
orientation, gender identity or expression, 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.
Sec. 102. (1) The opportunity to obtain employment, housing
and other real estate, and the full and equal utilization of public
accommodations, public service, and educational facilities without
discrimination because of religion, race, color, national origin,
age, sex, sexual orientation, gender identity or expression,
height, weight, familial status, or marital status as prohibited by
this act, is recognized and declared to be a civil right.
(2)
This section shall does not be construed to prevent an
individual from bringing or continuing an action arising out of sex
discrimination
before July 18, 1980 which for
an action that is
based on conduct similar to or identical to harassment.
(3)
This section shall does not be construed to prevent an
individual from bringing or continuing an action arising out of
discrimination
based on familial status before the effective date
of
the amendatory act that added this subsection which June 29,
1992 for an action that is based on conduct similar to or identical
to discrimination because of the age of persons residing with the
individual bringing or continuing the action.
Sec. 103. As used in this act:
(a) "Age" means chronological age except as otherwise provided
by law.
(b) "Commission" means the civil rights commission established
by section 29 of article V of the state constitution of 1963.
(c) "Commissioner" means a member of the commission.
(d) "Department" means the department of civil rights or its
employees.
(e) "Familial status" means 1 or more individuals under the
age of 18 residing with a parent or other person having custody or
in the process of securing legal custody of the individual or
individuals or residing with the designee of the parent or other
person having or securing custody, with the written permission of
the parent or other person. For purposes of this definition,
"parent" includes a person who is pregnant.
(f) "Gender identity or expression" means having or being
perceived as having a gender-related self-identity or expression
whether or not associated with an individual's assigned sex at
birth.
(g) (f)
"National origin" includes the national origin of an
ancestor.
(h) (g)
"Person" means an individual, agent, association,
corporation, joint apprenticeship committee, joint stock company,
labor organization, legal representative, mutual company,
partnership, receiver, trust, trustee in bankruptcy, unincorporated
organization, the state or a political subdivision of the state or
an agency of the state, or any other legal or commercial entity.
(i) (h)
"Political subdivision" means a county, city, village,
township,
school district, or special district or authority of the
this state.
(j) (i)
Discrimination because of sex includes sexual
harassment. Sexual harassment means unwelcome sexual advances,
requests for sexual favors, and other verbal or physical conduct or
communication of a sexual nature under the following conditions:
(i) Submission to the conduct or communication is made a term
or condition either explicitly or implicitly to obtain employment,
public accommodations or public services, education, or housing.
(ii) Submission to or rejection of the conduct or
communication by an individual is used as a factor in decisions
affecting the individual's employment, public accommodations or
public services, education, or housing.
(iii) The conduct or communication has the purpose or effect
of substantially interfering with an individual's employment,
public accommodations or public services, education, or housing, or
creating an intimidating, hostile, or offensive employment, public
accommodations, public services, educational, or housing
environment.
(k) "Sexual orientation" means having an orientation for
heterosexuality, homosexuality, or bisexuality or having a history
of such an orientation or being identified with such an
orientation.
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, sexual
orientation, gender identity or expression, 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 the employee or applicant because of
religion, race, color, national origin, age, sex, sexual
orientation, gender identity or expression, height, weight, or
marital status.
(c)
Segregate, classify, or otherwise discriminate against a
person
an individual 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.
Sec. 203. An employment agency shall not fail or refuse to
procure, refer, recruit, or place for employment, or otherwise
discriminate against, an individual because of religion, race,
color, national origin, age, sex, sexual orientation, gender
identity or expression, height, weight, or marital status; or
classify or refer for employment an individual on the basis of
religion, race, color, national origin, age, sex, sexual
orientation, gender identity or expression, height, weight, or
marital status.
Sec. 204. A labor organization shall not do any of the
following:
(a) Exclude or expel from membership, or otherwise
discriminate against, a member or applicant for membership because
of religion, race, color, national origin, age, sex, sexual
orientation, gender identity or expression, height, weight, or
marital status.
(b) Limit, segregate, or classify membership or applicants for
membership, or classify or fail or refuse to refer for employment
an
individual in a way which that would deprive or tend to deprive
that
individual of an employment opportunity, or which that
would
limit
an employment opportunity, or which that would adversely
affect wages, hours, or employment conditions, or otherwise
adversely affect the status of an employee or an applicant for
employment, because of religion, race, color, national origin, age,
sex, sexual orientation, gender identity or expression, height,
weight, or marital status.
(c) Cause or attempt to cause an employer to violate this
article.
(d) Fail to fairly and adequately represent a member in a
grievance process because of religion, race, color, national
origin, age, sex, sexual orientation, gender identity or
expression, height, weight, or marital status.
Sec. 205. An employer, labor organization, or joint labor-
management committee controlling an apprenticeship, on the job, or
other training or retraining program, shall not discriminate
against an individual because of religion, race, color, national
origin, age, sex, sexual orientation, gender identity or
expression, height, weight, or marital status, in admission to, or
employment or continuation in, a program established to provide
apprenticeship on the job, or other training or retraining.
Sec. 206. (1) An employer, labor organization, or employment
agency shall not print, circulate, post, mail, or otherwise cause
to be published a statement, advertisement, notice, or sign
relating to employment by the employer, or relating to membership
in or a classification or referral for employment by the labor
organization, or relating to a classification or referral for
employment
by the employment agency, which that indicates a
preference, limitation, specification, or discrimination, based on
religion, race, color, national origin, age, sex, sexual
orientation, gender identity or expression, height, weight, or
marital status.
(2) Except as permitted by rules promulgated by the commission
or by applicable federal law, an employer or employment agency
shall not do any of the following:
(a) Make or use a written or oral inquiry or form of
application that elicits or attempts to elicit information
concerning the religion, race, color, national origin, age, sex,
sexual orientation, gender identity or expression, height, weight,
or marital status of a prospective employee.
(b) Make or keep a record of information described in
subdivision
(a) or to disclose that information.
(c) Make or use a written or oral inquiry or form of
application that expresses a preference, limitation, specification,
or discrimination based on religion, race, color, national origin,
age, sex, sexual orientation, gender identity or expression,
height, weight, or marital status of a prospective employee.
Sec. 207. An individual seeking employment shall not publish
or cause to be published a notice or advertisement that specifies
or indicates the individual's religion, race, color, national
origin, age, sex, sexual orientation, gender identity or
expression, height, weight, or marital status, or expresses a
preference, specification, limitation, or discrimination as to the
religion, race, color, national origin, age, height, weight, sex,
sexual orientation, gender identity or expression, or marital
status of a prospective employer.
Sec.
209. A contract to which the this state, a political
subdivision,
or an agency thereof of
this state or of a political
subdivision is a party shall contain a covenant by the contractor
and his or her subcontractors not to discriminate against an
employee or applicant for employment with respect to hire, tenure,
terms, conditions, or privileges of employment, or a matter
directly or indirectly related to employment, because of race,
color, religion, national origin, age, sex, sexual orientation,
gender identity or expression, height, weight, or marital status.
Breach of this covenant may be regarded as a material breach of the
contract.
Sec. 302. Except where permitted by law, a person shall not do
any of the following:
(a) Deny an individual the full and equal enjoyment of the
goods, services, facilities, privileges, advantages, or
accommodations of a place of public accommodation or public service
because of religion, race, color, national origin, age, sex, sexual
orientation, gender identity or expression, or marital status.
(b) Print, circulate, post, mail, or otherwise cause to be
published
a statement, advertisement, notice, or sign which that
indicates that the full and equal enjoyment of the goods, services,
facilities, privileges, advantages, or accommodations of a place of
public accommodation or public service will be refused, withheld
from, or denied an individual because of religion, race, color,
national origin, age, sex, sexual orientation, gender identity or
expression, or marital status, or that an individual's patronage of
or presence at a place of public accommodation is objectionable,
unwelcome, unacceptable, or undesirable because of religion, race,
color, national origin, age, sex, sexual orientation, gender
identity or expression, or marital status.
Sec. 302a. (1) This section applies to a private club that is
defined
as a place of public accommodation pursuant to under
section 301(a).
(2) If a private club allows use of its facilities by 1 or
more adults per membership, the use must be equally available to
all adults entitled to use the facilities under the membership. All
classes of membership shall be available without regard to race,
color, gender, sexual orientation, gender identity or expression,
religion, marital status, or national origin. Memberships that
permit use during restricted times may be allowed only if the
restricted times apply to all adults using that membership.
(3) A private club that has food or beverage facilities or
services shall allow equal access to those facilities and services
for all adults in all membership categories at all times. This
subsection
shall does not require service or access to facilities
to persons that would violate any law or ordinance regarding sale,
consumption, or regulation of alcoholic beverages.
(4) This section does not prohibit a private club from
sponsoring or permitting sports schools or leagues for children
less than 18 years of age that are limited by age or to members of
1 sex, if comparable and equally convenient access to the club's
facilities is made available to both sexes and if these activities
are not used as a subterfuge to evade the purposes of this article.
Sec. 402. An educational institution shall not do any of the
following:
(a) Discriminate against an individual in the full utilization
of or benefit from the institution, or the services, activities, or
programs provided by the institution because of religion, race,
color,
national origin, or sex,
sexual orientation, or gender
identity or expression.
(b) Exclude, expel, limit, or otherwise discriminate against
an individual seeking admission as a student or an individual
enrolled as a student in the terms, conditions, or privileges of
the institution, because of religion, race, color, national origin,
or
sex, sexual orientation, or gender identity or expression.
(c) For purposes of admission only, make or use a written or
oral inquiry or form of application that elicits or attempts to
elicit information concerning the religion, race, color, national
origin, age, sex, sexual orientation, gender identity or
expression, or marital status of a person, except as permitted by
rule of the commission or as required by federal law, rule, or
regulation, or pursuant to an affirmative action program.
(d) Print or publish or cause to be printed or published a
catalog, notice, or advertisement indicating a preference,
limitation, specification, or discrimination based on the religion,
race,
color, national origin, or sex,
sexual orientation, or gender
identity or expression, of an applicant for admission to the
educational institution.
(e) Announce or follow a policy of denial or limitation
through a quota or otherwise of educational opportunities of a
group or its members because of religion, race, color, national
origin,
or sex, sexual
orientation, or gender identity or
expression.
Sec. 502. (1) A person engaging in a real estate transaction,
or a real estate broker or salesman, shall not on the basis of
religion, race, color, national origin, age, sex, sexual
orientation, gender identity or expression, familial status, or
marital status of a person or a person residing with that person do
any of the following:
(a) Refuse to engage in a real estate transaction with a
person.
(b) Discriminate against a person in the terms, conditions, or
privileges of a real estate transaction or in the furnishing of
facilities or services in connection with a real estate
transaction.
(c) Refuse to receive from a person or transmit to a person a
bona fide offer to engage in a real estate transaction.
(d) Refuse to negotiate for a real estate transaction with a
person.
(e) Represent to a person that real property is not available
for inspection, sale, rental, or lease when in fact it is so
available, or knowingly fail to bring a property listing to a
person's attention, or refuse to permit a person to inspect real
property, or otherwise make unavailable or deny real property to a
person.
(f) Make, print, circulate, post, mail, or otherwise cause to
be made or published a statement, advertisement, notice, or sign,
or use a form of application for a real estate transaction, or make
a record of inquiry in connection with a prospective real estate
transaction,
which that indicates, directly or indirectly, an
intent to make a preference, limitation, specification, or
discrimination with respect to the real estate transaction.
(g) Offer, solicit, accept, use, or retain a listing of real
property with the understanding that a person may be discriminated
against in a real estate transaction or in the furnishing of
facilities
or services in connection therewith.with that
transaction.
(h) Discriminate against a person in the brokering or
appraising of real property.
(2) A person shall not deny a person access to, or membership
or participation in, a multiple listing service, real estate
brokers' organization or other service, organization, or facility
relating
to the business of selling or renting real property or to
discriminate against him or her in the terms or conditions of that
access, membership, or participation because of religion, race,
color, national origin, age, sex, sexual orientation, gender
identity or expression, familial status, or marital status.
(3) This section is subject to section 503.
Sec. 504. (1) A person to whom application is made for
financial assistance or financing in connection with a real estate
transaction or in connection with the construction, rehabilitation,
repair, maintenance, or improvement of real property, or a
representative of that person, shall not do any of the following:
(a) Discriminate against the applicant because of the
religion, race, color, national origin, age, sex, sexual
orientation, gender identity or expression, familial status, or
marital status of the applicant or a person residing with the
applicant.
(b) Use a form of application for financial assistance or
financing or make or keep a record or inquiry in connection with an
application
for financial assistance or financing which that
indicates, directly or indirectly, a preference, limitation,
specification, or discrimination as to the religion, race, color,
national origin, age, sex, sexual orientation, gender identity or
expression, familial status, or marital status of the applicant or
a person residing with the applicant.
(2) A person whose business includes engaging in real estate
transactions shall not discriminate against a person because of
religion, race, color, national origin, age, sex, sexual
orientation, gender identity or expression, familial status, or
marital
status, in the purchasing of loans for acquiring,
constructing, improving, repairing, or maintaining a dwelling or
the
in making or purchasing of loans or the
provision of providing
other financial assistance secured by residential real estate.
(3) Subsection (1)(b) does not apply to a form of application
for financial assistance prescribed for the use of a lender
regulated
as a mortgagee under the national housing act, chapter
847,
48 Stat. 1246 12 USC 1701 to
1750g, or by a regulatory board
or officer acting under the statutory authority of this state or
the United States.
Sec. 505. (1) A condition, restriction, or prohibition,
including a right of entry or possibility of reverter, that
directly or indirectly limits the use or occupancy of real property
on the basis of religion, race, color, national origin, age, sex,
sexual orientation, gender identity or expression, familial status,
or marital status is void, except a limitation of use as provided
in section 503(1)(c) or on the basis of religion relating to real
property held by a religious institution or organization, or by a
religious or charitable organization operated, supervised, or
controlled by a religious institution or organization, and used for
religious or charitable purposes.
(2) A person shall not insert in a written instrument relating
to real property a provision that is void under this section or
honor such a provision in the chain of title.
Sec. 506. A person shall not represent, for the purpose of
inducing a real estate transaction from which the person may
benefit financially, that a change has occurred or will or may
occur in the composition with respect to religion, race, color,
national origin, age, sex, sexual orientation, gender identity or
expression, familial status, or marital status of the owners or
occupants in the block, neighborhood, or area in which the real
property is located, or represent that this change will or may
result in the lowering of property values, an increase in criminal
or antisocial behavior, or a decline in the quality of schools in
the block, neighborhood, or area in which the real property is
located.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.