Bill Text: MI HB5940 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Labor; fair employment practices; requiring employee disclosure regarding purpose or use of contraceptives; prohibit. Amends secs. 201, 202 & 203 of 1976 PA 453 (MCL 37.2201 et seq.).

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Introduced - Dead) 2012-09-25 - Printed Bill Filed 09/21/2012 [HB5940 Detail]

Download: Michigan-2011-HB5940-Introduced.html

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HOUSE BILL No. 5940

 

September 20, 2012, Introduced by Reps. Hovey-Wright, Brown, Byrum, Townsend, Greimel, Irwin, Ananich, Tlaib, Bauer, Slavens, Lipton, Bledsoe and Oakes and referred to the Committee on Judiciary.

 

     A bill to amend 1976 PA 453, entitled

 

"Elliott-Larsen civil rights act,"

 

by amending sections 201, 202, and 203 (MCL 37.2201, 37.2202, and

 

37.2203), section 201 as amended by 1980 PA 202 and section 202 as

 

amended by 2009 PA 190.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 201. As used in this article:

 

     (a) "Employer" means a person who has 1 or more employees, and

 

includes an agent of that person.

 

     (b) "Employment agency" means a person regularly undertaking

 

with or without compensation to procure, refer, recruit, or place

 

an employee for an employer or to procure, refer, recruit, or place

 

for an employer or person the opportunity to work for an employer

 

and includes an agent of that person.

 

     (c) "Labor organization" includes:

 

     (i) An organization of any kind, an agency or employee

 

representation committee, group, association, or plan in which

 

employees participate and which exists for the purpose, in whole or

 

in part, of dealing with employers concerning grievances, labor

 

disputes, wages, rates of pay, hours, or other terms or conditions

 

of employment.

 

     (ii) A conference, general committee, joint or system board, or

 

joint council which is subordinate to a national or international

 

labor organization.

 

     (iii) An agent of a labor organization.

 

     (d) "Sex" includes, but is not limited to, use or nonuse of

 

contraceptives, pregnancy, childbirth, or a medical condition

 

related to pregnancy or childbirth that does not include

 

nontherapeutic abortion not intended to save the life of the

 

mother.

 

     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, or inquire as to a person's use or nonuse of

 

contraceptives.

 

     (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, height, weight, or marital

 

status; or classify or refer for employment an individual on the

 

basis of religion, race, color, national origin, age, sex, height,

 

weight, or marital status; or inquire as to an individual's use or

 

nonuse of contraceptives.