Bill Text: MI HB4851 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Civil rights; employment discrimination; discrimination for failing to provide equal compensation for comparable work; prohibit under certain circumstances. Amends secs. 102, 103 & 202 of 1976 PA 453 (MCL 37.2102 et seq.).

Spectrum: Partisan Bill (Democrat 36-0)

Status: (Introduced - Dead) 2009-04-30 - Printed Bill Filed 04/30/2009 [HB4851 Detail]

Download: Michigan-2009-HB4851-Introduced.html

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HOUSE BILL No. 4851

 

April 29, 2009, Introduced by Reps. Bauer, Byrnes, Segal, Lipton, Smith, Miller, Liss, Valentine, Ebli, Geiss, Hammel, Haugh, Warren, Byrum, Donigan, Young, Bledsoe, Cushingberry, Switalski, Corriveau, Scripps, Lemmons, Coulouris, Dean, Meadows, Stanley, Constan, Angerer, Lindberg, Bennett, Espinoza, Spade, Leland, Lisa Brown, Johnson and Jackson and referred to the Committee on Labor.

 

     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), section 102 as amended by 1992 PA 124, section 103 as

 

amended by 1999 PA 202, and section 202 as amended by 1991 PA 11.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     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, 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 not be construed to does not prevent an

 

individual from bringing or continuing an action arising out of sex

 

discrimination before July 18, 1980 which if the action is based on

 

conduct similar to or identical to harassment.

 

     (3) This section shall not be construed to does not 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, if the action 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.

 

     (4) This section does not prevent an individual from bringing

 

or continuing an action arising out of discrimination because of

 

religion, race, color, national origin, age, sex, height, weight,

 

or marital status before the effective date of the amendatory act

 

that added this subsection if the action is based on conduct

 

similar or identical to conduct prohibited in section 202(1)(d).

 

     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) "Compensation" means all earnings of an employee,

 

including wages and benefits, whether determined on the basis of

 

time, task, piece, commission, or other method of calculation for

 

labor, services, or work performed.

 

     (e) (d) "Department" means the department of civil rights or

 

its employees.

 

     (f) (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

 

subdivision, "parent" includes a person who is pregnant.

 

     (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

 

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.

 

     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 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) 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. Fail or refuse to provide

 

compensation equally for work of comparable value in terms of the

 

composite skill, responsibility, effort, education or training, and

 

working conditions because of religion, race, color, national

 

origin, age, sex, height, weight, or marital status.

 

     (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.