Act No. 453
Public Acts of 1976
Approved by Governor
January 13, 1977
As Amended by
Act 162, Public Acts of 1977
Act 153, Public Acts of 1978
Act 446, Public Acts of 1978
Act 93, Public Acts of 1980
Act 170, Public Act of 1980
Act 202, Public Acts of 1980
Act 45, Public Acts of 1982
Act 512, Public Acts of 1982
Act 11, Public Acts of 1991
Act 70, Public Acts of 1992
Act 124, Public Acts of 1992
Act 258, Public Acts of 1992
Act 216, Public Acts of 1993
Act 88, Public Acts of 1995
Act 202, Public Acts of 1999
ELLIOTT- LARSEN CIVIL RIGHTS ACT
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, ***,
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.
The People of the State of Michigan enact:
ARTICLE I
Sec. 101. This act shall be known and may be cited as the "Elliott-Larsen
Civil Rights Act."
Sec. 102. (1) The op****tunity 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, ***, 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 prevent an individual from
bringing or continuing an action arising
out of *** discrimination before July 18, 1980 which action is based on
conduct similar to or identical to
harassment.
(3) This section shall not be construed to prevent an individual from
bringing or continuing an action arising
out of *** discrimination based on familial status before effective date
of
the amendatory act that added this
subsection which 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.
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 5 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) "National origin" includes the national origin of an ancestor.
PRINTED UNDER AUTHORITY OF:
PA 453 of 1976, as amended.
TOTAL COPIES PRINTED: 10,000
TOTAL COST: $1,912.40
COST PER COPY: $0.19
(g) "Person" means an individual, agent, association, cor****ation, joint
apprentice****p committee, joint stock
company, labor organization, legal representative, mutual company,
partner****p, receiver, trust, trustee in
bankruptcy, unincor****ated organization, the state or a political
subdivision of the state or an agency of the
state, or any other legal or commercial entity.
(h) "Political subdivision" means a county, city, village, town****p,
school
district, or special district or
authority of the state.
(i) Discrimination because of *** includes ***ual harassment. ***ual
harassment means unwelcome ***ual
advances, requests for ***ual favors, and other verbal or physical conduct
or communication of a ***ual 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 such 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.
ARTICLE 2
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 op****tunity 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) "***" includes, but is not limited to, 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, or 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, ***, height, weight, or marital status.
(b) Limit, segregate, or classify an employee or applicant for employment
in
a way which deprives or tends
to deprive the employee or applicant of an employment op****tunity, or
otherwise adversely affects the status of
an employee or applicant because of religion, race, color, national
origin,
age, ***, height, weight, or marital
status.
(c) Segregate, classify, or otherwise discriminate against a person on the
basis of *** with respect to a term,
condition, or privilege of employment, including 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.
(2) This section shall not be construed to 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. 202a. (1) An employer shall do both of the following if that employer
lists racial or ethnic classifications
in a writing developed or printed 90 or more days after the effective date
of this section, and if that employer
requests that an individual select a classification to designate his or
her
race or ethnicity:
(a) Include in the writing the term "multiracial" as a classification, and
a
definition of that term that
substantially provides that "multiracial" means having parents of
different
races
(b) Exclude from the writing the term "other" as a classification.
(2) If a federal agency requires an employer to transmit information
obtained from an individual pursuant to
a writing described in subsection (1), but rejects the classification
"multiracial", the employer shall redesignate
the individuals identified as multiracial by allocating those individuals
to
racial or ethnic classifications approved
by the federal agency in the same ratio that those classifications occur
within the general population of the
group from which the information was solicited.
(3) As used in this section, "writing" means that term as defined in
section
2 of the freedom of information
act, Act No. 442 of the Public Acts of 1976, being section 15.232 of the
Michigan Compiled Laws.
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, ***, height,
weight, or marital status; or classify or refer for employment an
individual
on the basis of religion, race, color,
national origin, age, ***, height, weight, or marital status.
Sec. 204. A labor organization shall not:
(a) Exclude or expel from member****p, or otherwise discriminate against, a
member or applicant for
member****p because of religion, race, color, national origin, age, ***,
height, weight, or marital status.
(b) Limit, segregate, or classify member****p or applicants for member****p,
or classify or fail or refuse to
refer for employment an individual in a way which would deprive or tend to
deprive that individual of an
employment op****tunity, or which would limit an employment op****tunity, or
which 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,
***,
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, ***, height, weight, or marital status.
Sec. 205. An employer, labor organization, or joint labor-management
committee controlling an apprentice****p,
on the job, or other training or retraining program, shall not
discriminate
against an individual because of religion,
race, color, national origin, age, ***, height, weight, or marital status,
in admission to, or employment or
continuation in, a program established to provide apprentice****p on the
job,
or other training or retraining.
Sec. 205a. (1) An employer, employment agency, or labor organization,
other
than a law enforcement agency
of this state or a political subdivision of this state, shall not in
connection with an application for employment or
member****p, or in connection with the terms, conditions, or privileges of
employment or member****p request,
make, or maintain a record of information regarding a misdemeanor arrest,
detention, or disposition where a
conviction did not result. A person is not guilty of perjury or otherwise
giving a false statement by failing to
recite or acknowledge information the person has a civil right to withhold
by this section. This section shall not
apply to information relative to a felony charge before conviction or
dismissal.
(2) As used in this section, "law enforcement agency" includes the state
department of corrections.
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
member****p 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 indicates a
preference, limitation, specification, or discrimination,
based on religion, race, color, national origin, age, ***, 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:
(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, ***, 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, ***, 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, ***, height, weight, or
marital status, or expresses a preference, specification, limitation, or
discrimination as to the religion, race,
color, national origin, age, height, weight, ***, or marital status of a
prospective employer.
Sec. 208. A person subject to this article may apply to the commission for
an exemption on the basis that
religion, national origin, age, height, weight, or *** is a bona fide
occupational qualification reasonably necessary
to the normal operation of the business or enterprise. Upon sufficient
showing, the commission may grant an
exemption to the appropriate section of this article. An employer may have
a
bona fide occupational qualification
on the basis of religion, national origin, ***, age, or marital status,
height and weight without obtaining prior
exemption from the commission, provided that an employer who does not
obtain
an exemption shall have the
burden of establi****ng that the qualification is reasonably necessary to
the
normal operation of the business.
Sec. 209. A contract to which the state, a political subdivision, or an
agency thereof is a party shall contain a
covenant by the contractor and his 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, ***, height, weight, or
marital status. Breach of this covenant may be regarded as a material
breach
of the contract.
Sec. 210. A person subject to this article may adopt and carry out a plan
to
eliminate present effects of past
discriminatory practices or assure equal op****tunity with respect to
religion, race, color, national origin, or ***
if the plan is filed with the commission under rules of the commission and
the commission approves the plan.
Sec. 211. Notwithstanding any other provision of this article, it shall
not
be an unlawful employment practice
for an employer to apply different standards of compensation, or different
terms, conditions or privileges of
employment pursuant to a bona fide seniority or merit system.
ARTICLE 3
Sec. 301. As used in this article:
(a) "Place of public accommodation" means a business, or an educational,
refreshment, entertainment, recreation,
health, or trans****tation facility, or institution of any kind, whether
licensed or not, whose goods, services, facilities,
privileges, advantages, or accommodations are extended, offered, sold, or
otherwise made available to the public.
Place of public accommodation also includes the facilities of the
following
private clubs:
(i) A country club or golf club.
(ii) A boating or yachting club.
(iii) A s****t or athletic club.
(iv) A dining club, except a dining club that in good faith limits its
member****p to the members of a particular
religion for the purpose of furthering the teachings or principles of that
religion, and not for the purpose of
excluding individuals of a particular gender, race, or color.
(b) "Public service" means a public facility, department, agency, board,
or
commission, owned, operated, or
managed by or on behalf of the state, a political subdivision, or an
agency
thereof, or a tax exempt private agency
established to provide service to the public, except that public service
does not include a state or county correctional
facility with respect to actions and decisions regarding an induvidual
serving a sentence of imprisonment.
Compilers Note: Enacting section 1. This amendatory act is curative and
intended to correct any misinterpretation
of legislative intent in the court of appeals decision Neal v Department
of
Corrections. 232 Mich App 730
(1998). This legislation further expresses the original intent of the
legislature that an individual serving a sentence
of imprisionment in a state or cournty correctional facility is not within
the purview of this act.
Sec. 302. Except where permitted by law, a person shall not:
(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, ***, or marital status.
(b) Print, circulate, post, mail, or otherwise cause to be published a
statement, advertisement, notice, or sign
which 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, ***,
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, ***,
or
marital status.
Sec. 302a. (1) This section applies to a private club that is defined as a
place of public accommodation
pursuant to section 301(a)
(2) If a private club allows use of its facilities by 1 or more adults per
member****p, the use must be equally
available to all adults entitled to use the facilities under the
member****p.
All cl***** of member****p shall be
available without regard to race, color, gender, religion, marital status,
or national origin. Member****ps that
permit use during restricted times may be allowed only if the restriction
times apply to all adults using that
member****p.
(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 member****p categories at all times.
This
subsection shall 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 s****ts schools or leagues for
children less than 18 years of age that are limited by age or to members
of
1 ***, if comparable and equally
convenient access to the club's facilities is made available to both ***es
and if these activities are not used as a
subterfuge to evade the purposes of this article.
Sec. 303. This article shall not apply to a private club, or other
establishment not in fact open to the public,
except to the extent that the goods, services, facilities, privileges,
advantages, or accommodations of the private
club or establishment are made available to the customers or patrons of
another establishment that is a place of
public accommodation or is licensed by the state under Act No. 8 of the
Public Acts of the extra session of 1933,
being sections 436.1 through 436.58 of the Michigan Compiled Laws. This
section shall not apply to a private
club that is otherwise defined as a place of public accommodation in this
article.
Sec. 304. Within 30 days after a determination by the commission that a
place of public accommodation that
holds a license issued by the liquor control commission under the Michigan
liquor control act, Act No. 8 of the
Public Acts of the Extra Session of 1933, being sections 436.1 to 436.58
of
the Michigan Compiled Laws, has
violated this article, the commission shall certify that determination to
and shall file a complaint alleging a
violation of Act No. 8 of the Public Acts of the Extra Session of 1933
with
the liquor control commission.
ARTICLE 4
Sec. 401. As used in this article, "educational institution" means a
public
or private institution, or a separate
school or department thereof, and includes an academy, college, elementary
or secondary school, extension
course, kindergarten, nursery, local school system, university, or a
business, nursing, professional, secretarial,
technical, or vocational school; and includes an agent of an educational
institution.
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 ***.
(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 ***.
(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, ***, 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 ***
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
op****tunities of a group or its members because of religion, race, color,
national origin, or ***.
Sec. 402a. (1) An educational institution shall do both of the following
if
that employer lists racial or ethnic
classifications in a writing developed or printed 90 or more days after
the
effective date of this section, and if that
educational institution requests that an individual select a
classification
to designate his or her race or ethnicity:
(a) Include in the writing the term "multiracial" as a classification, and
a
definition of that term that
substantially provides that "multiracial" means having parents of
different
races
(b) Exclude from the writing the term "other" as a classification.
(2) If a federal agency requires an educational institution to transmit
information obtained from an
individual pursuant to a writing described in subsection (1), but rejects
the classification "multiracial", the
educational institution shall redesignate the individuals identified as
multiracial by allocating those individuals
to racial or ethnic classifications approved by the federal agency in the
same ratio that those classifications
occur within the general population of the group from which the
information
was solicited.
(3) As used in this section, "writing" means that term as defined in
section
2 of the freedom of information
act, Act No. 442 of the Public Acts of 1976, being section 15.232 of the
Michigan Compiled Laws.
Sec. 403. The provisions of section 402 related to religion shall not
apply
to a religious educational institution
or an educational institution operated, supervised, or controlled by a
religious institution or organization which
limits admission or gives preference to an applicant of the same religion.
Sec. 404. The provisions of section 402 relating to *** shall not apply to
a
private educational institution not
exempt under section 403, which now or hereafter provides an education to
persons of 1 ***.
ARTICLE 5
Sec. 501. As used in this article:
(a) "Real property" includes a building; structure, mobile home, real
estate, land, mobile home park, trailer
park, tenement, leasehold, or an interest in a real estate cooperative or
condominium.
(b) "Real estate transaction" means the sale, exchange, rental, or lease
of
real property, or an interest therein.
(c) "Housing accommodation" includes improved or unimproved real property,
or a part thereof, which is
used or occupied, or is intended, arranged, or designed to be used or
occupied, as the home or residence
of 1 or more persons.
(d) "Real estate broker or salesman" means a person, whether licensed or
not, who, for or with the expectation
of receiving a consideration, lists, sells, purchases, exchanges, rents,
or
leases real property; who negotiates or
attempts to negotiate any of those activities; who holds himself out as
engaged in those activities; who negotiates
or attempts to negotiate a loan secured or to be secured by a mortgage or
other en***brance upon real property;
who is engaged in the business of listing real property in a publication;
or
a person employed by or acting on
behalf of a real estate broker or salesman.
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, ***, familial
status, or marital status of a person or a
person residing with that person:
(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
furni****ng 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 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 furni****ng of
facilities or services in connection therewith.
(h) Discriminate against a person in the brokering or appraising of real
property.
(2) A person shall not deny a person access to, or member****p or
participation in, a multiple listing service, real
estate broker's organization or other service, organization, or facility
relating to the business of selling or renting real
property or to discriminating against him or her in the terms or
conditions
of that access,
member****p, or participation because of religion, race, color, national
origin, age, ***, familial status, or marital
status.
(3) This section is subject to section 503.
Sec. 503. (1) Section 502 does not apply to any of the following:
(a) The rental of a housing accommodation in a building that contains
housing accommodations for not
more than 2 families living independently of each other if the owner or a
member of the owner's immediate
family resides in 1 of the housing accommodations, or to the rental of a
room or rooms in a single family
dwelling by a person if the lessor or a member of the lessor's immediate
family resides in the dwelling.
(b) The rental of a housing accommodation for not more than 12 months by
the
owner or lessor where it was
occupied by him or her and maintained as his or her home for at least 3
months immediately preceding occupancy
by the tenant and is maintained as the owner's or lessor's legal
residence.
(c) With respect to the age provision and the familial status provision
only, to the sale, rental, or lease of
housing accommodations meeting the requirements of federal, state, or
local
housing programs for senior citizens,
or accommodations otherwise intended, advertised, designed or operated,
bona
fide, for the purpose of providing
housing accommodations for persons 50 years of age or older.
(2) As used in subsection (1), "immediate family" means a spouse, parent,
child, or sibling.
(3) Information relative to the marital status of an individual may be
obtained when necessary for the
preparation of a deed or other instrument of conveyance.
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:
(a) Discriminate against the applicant because of the religion, race,
color,
national origin, age, ***, 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
indicates, directly or indirectly, a
preference, limitation, specification, or discrimination as to the
religion,
race, color, national origin, age, ***,
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, ***,
familial
status, or marital status, in the purchasing
of loans for acquiring, constructing, improving, repairing, or maintaining
a
dwelling or the making or purchasing
of loans or the provision of 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, 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, ***, familial status, or marital status is void, except a
limitation of use as provided in Section
503(l)(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, ***, 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.
Sec. 506a. This article does not preclude the use by a landlord or
reasonable accommodations as required by
section 102(2) of the persons with disabilities civil rights act, Act No.
220 of the Public Acts of 1976, being
section 37.1102 of the Michigan Compiled Laws.
Sec. 507. A person subject to this article may adopt and carry out a plan
to
eliminate present effects of past
discriminatory practices or assure equal op****tunity with respect to
religion, race, color, national origin, or ***
if the plan is filed with the commission under rules of the commission and
the commission approves the plan.
ARTICLE 6
Sec. 601. (1) The commission shall:
(a) Maintain a principal office in the city of Lansing and other offices
within the state as it considers
necessary.
(b) Meet and exercise its powers at any place within the state.
(c) Appoint an executive director who shall be the chief executive officer
of the department and exempt
from civil service, and appoint necessary hearing examiners.
(d) Accept public grants, private gifts, bequests, or other amounts or
payments.
(e) Prepare annually a comprehensive written re****t to the governor. The
re****t may contain recommendations
adopted by the commission for legislative or other action necessary to
effectuate the purposes and policies of
this act.
(f) Promulgate, amend, or repeal rules to carry out this act pursuant to
Act
No. 306 of the Public Acts of
1969, as amended, being sections 24.201 to 24.315 of the Michigan Compiled
Laws.
(g) Request the services of a department or agency of the state or a
political subdivision of the state.
(h) Promote and cooperate with a public or governmental agency as in the
commission's judgment will aid in
effectuating the act and the state constitution of 1963.
(i) Establish and promulgate rules governing its relation****p with local
commissions, and establish criteria
for certifying local commissions for the deferring of complaints.
(2) The commission may hold hearings, administer oaths, issue preliminary
notices to witnesses to appear,
compel through court authorization the attendance of witnesses and the
production for examination of books,
papers, or other records relating to matters before the commission, take
the
testimony of a person under oath,
and issue appropriate orders. The commission may promulgate rules as to
the
issuance of preliminary notices to
appear.
(3) A majority of the members of the commission constitutes a quorum. A
majority of the members is required
to take action on matters not of a ministerial nature, but a majority of a
quorum may deal with ministerial
matters. A vacancy in the commission shall not impair the right of the
remaining members to exercise the
powers of the commission. The members of the commission shall receive a
per
diem compensation and shall be
reimbursed for the actual and necessary expenses incurred in the
performance
of their duties. The per diem
compensation of the commission and the schedule for reimbursement of the
expenses shall be established annually
by the legislature.
(4) The business which the commission may perform shall be conducted at a
public meeting of the commission
held in compliance with Act No. 267 of the Public Acts of 1976, being
sections 15.261 to 15.275 of the Michigan
Compiled Laws. Public notice of the time, date, and place of the meeting
shall be given in the manner required
by Act No. 267 of the Public Acts of 1976.
(5) A writing prepared, owned, used, in the possession of, or retained by
the commission in the performance
of an official function shall be made available to the public in
compliance
with Act No. 442 of the Public Acts of
1976, being sections 15.231 to 15.246 of the Michigan Compiled Laws.
Sec. 602. The department shall:
(a) Be responsible to the executive director, who shall be the principal
executive officer of the department
and shall be responsible for executing the policies of the commission.
(b) Appoint necessary employees and agents and fix their compensation in
accordance with civil service
rules. The attorney general shall appear for and represent the department
or
the commission in a court having
jurisdiction of a matter under this act.
(c) Receive, initiate, investigate, conciliate, adjust, dispose of, issue
charges, and hold hearings on complaints
alleging a violation of this act, and approve or disapprove plans to
correct
past discriminatory practices which
have caused or resulted in a denial of equal op****tunity with respect to
groups or persons protected by this act.
(d) Require answers to interrogatories, order the submission of books,
papers, records, and other materials
pertinent to a complaint, and require the attendance of witnesses,
administer oaths, take testimony, and compel,
through court authorization, compliance with its orders or an order of the
commission.
(e) Cooperate or contract with persons and state, local, and other
agencies,
both public and private, including
agencies of the federal government and of other states.
(f) Monitor the awarding and executing of contracts to ensure compliance
by
a contractor or a subcontractor
with a covenant entered into or to be entered into pursuant to section
209.
Sec. 603. At any time after a complaint is filed, the department may file
a
petition in the circuit court for the
county in which the subject of the complaint occurs, or for the county in
which a respondent resides or transacts
business, seeking appropriate tem****ary relief against the respondent,
pending final determination of proceedings
under this section, including an order or decree restraining the
respondent
from doing or procuring an act tending
to render ineffectual an order the commission may enter with respect to
the
complaint. If the complaint alleges
a violation of article 5, upon the filing of the petition the department
shall file for the record a notice of pendency
of the action. The court may grant tem****ary relief or a restraining order
as it deems just and proper, but the
relief or order shall not extend beyond 5 days except by consent of the
respondent, or after hearing upon notice
to the respondent and a finding by the court that there is reasonable
cause
to believe that the respondent has
engaged in a discriminatory practice.
Sec. 604. If the commission, after a hearing on a charge issued by the
department, determines that the respondent
has not engaged in a discriminatory practice prohibited by this act, the
commission shall state its findings of fact
and conclusions of law and shall issue a final order dismissing the
complaint. The commission shall furnish a
copy of the order to the claimant, the respondent, the attorney general,
and
other public officers and persons as
the commission deems proper.
Sec. 605. (1) If the commission, after a hearing on a charge issued by the
department, determines that the
respondent has violated this act, or the persons with disabilities civil
rights act, Act No. 220 of the Public Acts
of 1976, being sections 37.1101 to 37.1607 of the Michigan Compiled Laws,
the commission shall state its
findings of fact and conclusions of law and shall issue a final order
requiring the respondent to cease and desist
from the discriminatory practice and to take such other action as it deems
necessary to secure equal enjoyment
and protection of civil rights. If at a hearing on a charge, a pattern or
practice of discrimination prohibited by
this act or Act No. 220 of the Public Acts of 1976 appears in the
evidence,
the commission may, upon its own
motion or on motion of the claimant, amend the pleadings to conform to the
proofs, make findings, and issue an
order based on those findings. A copy of the order shall be delivered to
the
respondent, the claimant, the attorney
general, and to other public officers and persons as the commission deems
proper.
(2) Action ordered under this section may include, but is not limited to:
(a) Hiring, reinstatement, or upgrading of employees with or without back
pay.
(b) Admission or restoration of individuals to labor organization
member****p, admission to or participation
in a guidance program, apprentice****p training program, on the job
training
program, or other occupational
training or retraining program, with the utilization of objective criteria
in the admission of persons to those
programs.
(c) Admission of persons to a public accommodation or an educational
institution.
(d) Sale, exchange, lease, rental, assignment, or sublease of real
property
to a person.
(e) Extension to all persons of the full and equal enjoyment of the goods,
services, facilities, privileges,
advantages, or accommodations of the respondent.
(f) Re****ting as to the manner of compliance.
(g) Requiring the posting of notices in a conspicuous place which the
commission may publish or cause to be
published setting forth requirements for compliance with civil rights law
or
other relevant information which
the commission determines necessary to explain those laws.
(h) Payment to an injured party of profits obtained by the respondent
through a violation of section 506 of
this act or of Act No. 220 of the Public Acts of 1976.
(i) Payment to the complainant of damages for an injury or loss caused by
a
violation of this act, including
a reasonable attorney's fee.
(j) Payment to the complainant of all or a ****tion of the costs of
maintaining the action before the
commission, including reasonable attorney fees and expert witness fees,
when
the commission determines that
award to be appropriate.
(k) Payment of civil fine for a violation of article 5 of this act, an
amount directly related to the cost to the
state for enforcing this statue not to exceed:
(i) $10,000.00 for the first violation.
(ii) $25,000.00 for the second violation within a 5-year period.
(iii) $50,000.00 for 2 or more violations within a 7-year period.
(l) Other relief the commission deems appropriate.
(3) In the case of a respondent operating by virtue of a license issued by
the state, a political subdivision, or
an agency of the state or political subdivision, if the commission, upon
notice and hearing, determines that the
respondent has violated this act and that the violation was authorized,
requested, commanded, performed, or
knowingly permitted by the board of directors of the respondent or by an
officer or executive agent acting
within the scope of his or her employment, the commission shall so certify
to the licensing agency. Unless the
commission's finding is reversed in the course of judicial review, the
finding of the commission may be grounds
for revocation of the respondent's license.
(4) In the case of a respondent who violates this act in the course of
performing under a contract or subcontract
with the state, a political subdivision, or an agency of the state or
political subdivision, where the violation was
authorized, requested, commanded, performed, or knowingly permitted by the
board of directors of the respondent
or by an officer or executive agent acting within the scope of his or her
employment, the
commission shall so certify to the contracting agency. Unless the
commission
's finding is reversed in the course
of judicial review, the finding is binding on the contracting agency.
Sec. 606. (1) A complainant and a respondent shall have a right of appeal
from a final order of the commission,
including cease and desist orders and refusals to issue charges, before
the
circuit court for the county of Ingham,
or the circuit court for the county in which the alleged violation
occurred
or where the person against whom the
complaint is filed, resides, or has his or her principal place of
business.
An appeal before the circuit court shall
be reviewed de novo. If an appeal is not taken within 30 days after the
service of an appealable order of the
commission, the commission may obtain a decree for the enforcement of the
order from the circuit court which
has jurisdiction of the appeal. If the appellant files for appeal in the
circuit court for the county of Ingham, the
appellee, upon application, shall be granted a change of venue to hear the
matter on appeal in the circuit court
for the county in which the alleged violation occurred or where the person
against whom the complaint is filed,
resides, or has his or her principal place of business or where the
claimant
resides.
(2) A proceeding for review or enforcement of an appealable order is
initiated by filing a petition in the
circuit court. Copies of the petition shall be served upon the parties of
record. Within 30 days after the service of
the petition upon the commission or filing of the petition by the
commission, or within further time as the court
may allow, the commission shall transmit to the court the original or a
certified copy of the entire record upon
which the order is based, including a transcript of the testimony, which
need not be printed. By stipulation of the
parties to the review proceeding, the record may be shortened. The court
may
grant tem****ary relief as it considers
just, or enter an order enforcing, modifying and enforcing as modified, or
setting aside in whole or in part the
order of the commission, or may remand the case to the commission for
further proceedings. The commission's
copy of the testimony shall be available at reasonable times to all
parties
for examination without cost.
(3) The final judgment or decree of the circuit court shall be subject to
review by appeal in the same manner
and form as other appeals from that court.
(4) A proceeding under this section shall be initiated not more than 30
days
after a copy of the order of the
commission is received, unless the commission is the petitioner or the
petition is filed under subsection (3). If a
proceeding is not so initiated, the commission may obtain a court order
for
enforcement of its order upon showing
that a copy of the petition for enforcement was served on the respondent,
that the respondent is subject to the
jurisdiction of the court and that the order sought to be enforced is an
order of the commission, regularly entered,
and the commission has jurisdiction over the subject matter and the
respondent.
ARTICLE 7
Sec. 701. Two or more persons shall not conspire to, or a person shall
not:
(a) Retaliate or discriminate against a person because the person has
opposed a violation of this act, or
because the person has made a charge, filed a complaint, testified,
assisted, or participated in an investigation,
proceeding, or hearing under this act.
(b) Aid, abet, incite, compel, or coerce a person to engage in a violation
of this act.
(c) Attempt directly or indirectly to commit an act prohibited by this
act.
(d) Willfully interfere with the performance of a duty or the exercise of
a
power by the commission or 1 of its
members or authorized representatives.
(e) Willfully obstruct or prevent a person from complying with this act or
an order issued or rule promulgated
under this act.
(f) Coerce, intimidate, threaten, or interfere with a person in the
exercise
of enjoyment of, or on account of
his or her having aided or encouraged any other person in the exercise or
enjoyment of, any right granted or
protected by this act.
Sec. 702. A person shall not violate the terms of an order or an
adjustment
order made under this act.
Sec. 703. If a certification is made pursuant to section 605(3), the
licensing agency may take appropriate
action to revoke or suspend the license of the respondent.
Sec. 704. Upon receiving a certification made under section 605(4), a
contracting agency shall take appropriate
action to terminate a contract or ****tion thereof previously entered into
with the respondent, either absolutely or
on condition that the respondent carry out a program of compliance with
this
act, and shall advise the state and
all political subdivisions and agencies thereof to refrain from entering
into further contracts or extensions or
other modifications of existing contracts with the respondent until the
commission is satisfied that the respondent
carries out policies in compliance with this act.
Sec. 705. (1) This act shall not be construed as preventing the commission
from securing civil rights guaranteed
by law other than the civil rights set forth in this act.
(2) This act shall not be interpreted as restricting the implementation of
approved plans, programs, or services
to eliminate discrimination and the effects thereof when appropriate.
(3) This act shall not be interpreted as invalidating any other act that
provides programs or services for
persons covered by this act.
ARTICLE 8
Sec. 801. (1) A person alleging a violation of this act may bring a civil
action for appropriate injunctive relief
or damages, or both.
(2) An action commenced pursuant to subsection (1) may be brought in the
circuit court for the county where
the alleged violation occurred, or for the county where the person against
whom the civil complaint is filed
resides or has his principal place of business.
(3) As used in subsection (1), "damages" means damages for injury or loss
caused by each violation of this
act, including reasonable attorney's fees.
Sec. 802. A court, in rendering a judgment in an action brought pursuant
to
this article, may award all or a
****tion of the costs of litigation, including reasonable attorney fees and
witness fees, to the complainant in the
action if the court determines that the award is appropriate
Sec. 803. This act shall not be construed to diminish the right of a
person
to direct or immediate legal or
equitable remedies in the courts of this state.
Sec. 804. Act No. 251 of the Public Acts of 1955, as amended, being
sections
423.301 to 423.311 of the
Compiled Laws of 1970, Act No. 45 of the Public Acts of the Second Extra
Session of 1963, as amended, being
sections 37.1 to 37.9 of the Compiled Laws of 1970, and Act No. 112 of the
Public Acts of 1968, as amended,
being sections 564.101 to 564.704 of the Compiled Laws of 1970, are
repealed.
Clerk of the House of Representatives.
Secretary of the Senate.
Approved
Governor.
|
