HB 4548

HOUSE BILL NO. 4548
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, 210, 301, 302, 302a, 402, 502, 504, 505, 506, and 507
(MCL 37.2102, 37.2103, 37.2202, 37.2203, 37.2204, 37.2205, 37.2206, 37.2207,
37.2209, 37.2210, 37.2301, 37.2302, 37.2302a, 37.2402, 37.2502, 37.2504,
37.2505, 37.2506, and 37.2507), the title and sections 102, 203, 204, 205, 206,
207, 209, 301, 302, 302a, 402, 504, 505, and 506 as amended by 2023 PA 6,
section 103 as amended by 2023 PA 45, section 202 as amended by 2023 PA 31, and
section 502 as amended by 2024 PA 180.
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, ethnicity,
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, ethnicity, 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
does not prevent an individual from bringing or continuing an action arising
out of sex discrimination before July 18, 1980 for a claim based on conduct
similar to or identical to harassment.
(3) This section
does not prevent an individual from bringing or continuing an action arising
out of discrimination based on familial status before June 29, 1992 for a claim
based on conduct similar to or identical to discrimination because of the age
of anyone 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)
"Ethnicity" means a grouping of people who identify with each other
on the basis of shared attributes such as common traditions, culture, religion,
ancestry, nationality, language, history, or social treatment.
(f) Subject to subparagraphs (xiii) and (xiv), discrimination because of
ethnicity includes, but is not limited to, discriminatory conduct or
communication motivated in whole or in part by antisemitism. As used in this
subdivision, "antisemitism" means a perception of Jews that may be
expressed in any of the ways described in subparagraphs (i) to (xii) as follows:
(i) Hatred of Jews.
(ii) Severe disparagement of Jews or Jewish culture.
(iii) Rhetorical, violent, or physical anti-Jewish
manifestations directed against Jews or their property or Jewish community
institutions and religious facilities.
(iv) Demanding, aiding, or justifying the killing or harming of
Jews in the name of a radical ideology or an extremist view of religion.
(v) Making mendacious, dehumanizing, demonizing, or
stereotypical allegations about Jews as such or the power of Jews as a
collective, including, but not limited to, the myth about a world Jewish
conspiracy or of Jews controlling the media, economy, government, or other
societal institutions.
(vi) Accusing Jews as being collectively responsible for any
real or perceived wrongdoing committed by a single Jewish individual or group,
or non-Jews.
(vii) Denying the fact, scope, mechanisms, or intentionality of
the genocide of Jews committed by Nazi Germany, which is known as the
Holocaust.
(viii) Accusing Jews collectively, or the State of Israel, of
inventing or exaggerating the Holocaust.
(ix) Singling out Jews collectively as being ineligible to
fulfill their right to political self-determination or state sovereignty under
the charter of the United Nations.
(x) Accusing Jews, whether singularly or collectively, as
being more loyal to Israel, or the alleged priorities of Jews worldwide, than
to the interests of the people of this state, or to the interests of the people
of the United States.
(xi) Demanding a behavior of the State of Israel that is not
expected or demanded of other democratic nations.
(xii) Blaming Jews of this state or the United States, whether
singularly or collectively, as being in whole or in part responsible for any
real or perceived wrongdoing committed by the State of Israel.
(xiii) Discrimination because of ethnicity in the form of
antisemitism does not include criticism of the State of Israel similar to that
leveled against any other country, nation, state, or government.
(xiv) A finding of discrimination because of ethnicity in the
form of antisemitism does not preclude a finding of discrimination on another
basis such as religion, race, color, or national origin.
(g) (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 an individual who is pregnant.
(h) (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.
(i) "Jews" means individuals who practice Judaism or possess
Jewish heritage.
(j) (g) "National
origin" includes the national origin of an ancestor.
(k) (h) "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, this state or a political subdivision of this
state or an agency of this state, or any other legal or commercial entity.
(l) (i) "Political subdivision" means a
county, city, village, township, school district, or special district or
authority of this state.
(m) (j) "Race"
is inclusive of traits historically associated with race, including, but not limited
to, hair texture and protective hairstyles. For purposes of this definition,
"protective hairstyles" includes, but is not limited to, such
hairstyles as braids, locks, and twists.
(n) (k) 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.
(o) (l) "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, ethnicity, 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 the employee or
applicant because of religion, race, ethnicity, color,
national origin, age, sex, sexual orientation, gender identity or expression,
height, weight, or marital status.
(c) Segregate,
classify, or otherwise discriminate against 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, the termination of a pregnancy,
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.
(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 the individual's 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, ethnicity,
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, ethnicity, 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, ethnicity, 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 that would
deprive or tend to deprive that individual of an employment opportunity, or
that would limit an employment opportunity, or 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, ethnicity, 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, ethnicity, 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, ethnicity, 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, that indicates a preference,
limitation, specification, or discrimination, based on religion, race, ethnicity, 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, ethnicity,
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 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, ethnicity, 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, ethnicity, 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, ethnicity, 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 this state, a political
subdivision, or an agency of this state or of a political subdivision is a
party must contain a covenant by the contractor and the contractor's
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, ethnicity, 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. 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 opportunity with respect to religion, race, ethnicity, color, national origin, or sex if the plan
is filed with the commission under rules of the commission and the commission
approves the plan.
Sec. 301. As used in this article:
(a) "Place of
public accommodation" means a business, or an educational, refreshment,
entertainment, recreation, health, or transportation 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 sports or athletic club.
(iv) A dining club, except a dining club that
in good faith limits its membership 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 sex, race, ethnicity, or color.
(b) "Public
service" means a public facility, department, agency, board, or
commission, owned, operated, or managed by or on behalf of this state, a
political subdivision, or an agency of this state or of a political subdivision
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 individual serving
a sentence of imprisonment.
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, ethnicity, 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 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, ethnicity, 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, ethnicity, 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 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 must be available without regard to
race, ethnicity, color, sex, 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 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, ethnicity, color,
national origin, 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, ethnicity, color, national origin, 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, ethnicity, color, national origin, age, sex, sexual
orientation, gender identity or expression, or marital status of an individual,
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, ethnicity, color, national
origin, 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, ethnicity, color, national origin, 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 salesperson, shall not on the
basis of religion, race, ethnicity, color,
national origin, age, sex, sexual orientation, gender identity or expression,
familial status, or marital status of an individual or anyone residing with
that individual 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, 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 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 discriminate against the person in the terms or conditions of that
access, membership, or participation because of religion, race, ethnicity, color, national origin, age, sex, sexual
orientation, gender identity or expression, familial status, or marital status.
(3) A person that
is a landlord of a rental unit shall not, based on the source of income of an
otherwise eligible prospective or current tenant, do any of the following:
(a) Deny or
terminate a tenancy to the prospective or current tenant.
(b) Make any
distinction, discrimination, or restriction against the prospective or current
tenant in the price, terms, conditions, fees, or privileges relating to the
rental, lease, or occupancy of a rental unit or in the furnishing of any
facilities or services in connection with the rental, lease, or occupancy of
the rental unit.
(c) Otherwise make
unavailable or deny any rental unit to the prospective or current tenant if the
prospective or current tenant would be eligible to rent the rental unit but for
the individual's source of income.
(d) Represent to
the prospective tenant that a rental unit is not available for inspection,
rental, or lease when in fact it is so available, or knowingly fail to bring a
rental listing to the prospective tenant's attention, or refuse to permit the
prospective tenant to inspect a rental unit.
(e) Make any
distinction, discrimination, or restriction against the prospective or current
tenant in the price, terms, conditions, fees, or privileges relating to the
rental, lease, or occupancy of any rental unit on the basis of the prospective
or current tenant's use of emergency rental assistance.
(f) If the person
is a landlord that requires a prospective or current tenant to have a certain
threshold level of income, exclude any source of income in the form of a rent
voucher or subsidy when calculating whether the income criteria have been met.
This subdivision does not apply to emergency rental assistance.
(g) Attempt to
discourage the rental or lease of any rental unit to the prospective or current
tenant.
(h) Publish,
circulate, display, or cause to be published, circulated, or displayed any
communication, notice, advertisement, or sign of any kind relating to the
rental or lease of any rental unit that indicates a preference, limitation, or
requirement based on any source of income.
(i) Assist, induce,
incite, or coerce another person to commit an act or engage in a practice that
violates this subsection.
(j) Coerce,
intimidate, threaten, or interfere with any person in the exercise or enjoyment
of, or on account of the person having exercised or enjoyed or having aided or
encouraged any other person in the exercise or enjoyment of, any right granted
or protected under this subsection.
(4) Subsection (3)
does not apply to a person if the person, including all related entities to
that person, is a landlord of fewer than 5 rental units in this state. As used
in this subsection:
(a)
"Person" means an individual, partnership, corporation, association,
limited liability company, or any other legal entity.
(b) "Related
entity" means a person that, directly or indirectly, controls, is
controlled by, or is under common control with another person.
(5) This section is
subject to section 503.
(6) As used in this
section, "landlord", "tenant", and "rental unit"
mean those terms as defined in section 1 of 1972 PA 348, MCL 554.601.
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, ethnicity,
color, national origin, age, sex, sexual orientation, gender identity or
expression, familial status, or marital status of the applicant or an
individual 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
that indicates, directly or indirectly, a preference, limitation, specification,
or discrimination as to the religion, race, ethnicity,
color, national origin, age, sex, sexual orientation, gender identity or
expression, familial status, or marital status of the applicant or an
individual 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, ethnicity,
color, national origin, age, sex, sexual orientation, gender identity or
expression, familial status, or marital status, in purchasing loans for
acquiring, constructing, improving, repairing, or maintaining a dwelling or in
making or purchasing loans or 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, 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, ethnicity, 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, ethnicity, 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.
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 opportunity with respect to religion, race, ethnicity, color, national origin, or sex if the plan
is filed with the commission under rules of the commission and the commission
approves the plan.
Enacting section 1.
This amendatory act takes effect 90 days after the date it is enacted into law.