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