Document 35: Amendment to the Elliott-Larson Civil Rights Act, Mich Comp. Laws Ann. §37.2103, as amended by Pub. Act No. 202, §1, 1980 Mich. Legis. Serv. 626 (West), pp. 512-14.

Introduction

   The Michigan law was a comprehensive attempt to deal with the problem of sexual harassment, and the first based on the EEOC guidelines. The Michigan law defined sexual harassment broadly, using the definition given in the EEOC guidelines. The law was patterned after, but more comprehensive than federal Title VII law and EEOC guidelines on sexual harassment. First, the Michigan law prohibited not only verbal and physical conduct of a sexual nature, but also communication of a sexual nature, thereby prohibiting pictures, pornography, and other forms of nonverbal sexual communication. Second, the Michigan law applied not only to employment discrimination, but also to discrimination in public accommodations, public services, education, and housing. Third, unlike Title VII, which applied only to employers of fifteen or more employees, the Michigan law applied to all employers. Finally, the Michigan Act provided for a broader range of relief than Title VII, including compensatory damages, a remedy not available under Title VII until passage of the Civil Rights Act of 1991.



p. 512

[No. 202]

   AN ACT to amend sections 102, 103, and 201 of Act No. 453 of the Public Acts of 1976, entitled as amended "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, sex, height, weight, or marital status; to limit the use of polygraph, psychological stress evaluation, or similar tests in certain employment situations; 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; and to repeal certain acts and parts of acts," section 102 as amended by Act No. 91 of the Public Acts of 1979 and section 201 as amended by Act No. 153 of the Public Acts of 1978, being sections 37.2102, 37.2103, and 37.2201 of the Compiled Laws of 1970.



p. 513

The People of the State of Michigan enact:

Sections amended; Michigan civil rights act.

   Section 1. Sections 102, 103, and 201 of Act No. 453 of the Public Acts of 1976, section 102 as amended by Act No. 91 of the Public Acts of 1979 and section 201 as amended by Act No. 153 of the Public Acts of 1978, being sections 37.2102, 37.2103, and 37.2201 of the Compiled Laws of 1970, are amended to read as follows:

37.2102 Recognition and declaration of civil right. [M.S.A. 3.548(102)]

   Sec. 102. (1) The opportunity to obtain employment, housing and other real estate, to refuse polygraph, psychological stress evaluation or similar tests in employment situations, 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, 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 sex discrimination before the effective date of this act which action is based on conduct similar to or identical to harassment.

37.2103 Definitions. [M.S.A. 3.548(103)]

   Sec. 103. As used in this act:

  1. "Age" means chronological age except as otherwise provided by law.

  2. "Commission" means the civil rights commission established by section 29 of article 5 of the state constitution of 1963.

  3. "Commissioner" means a member of the commission.

  4. "Department" means the department of civil rights or its employees.

  5. "National origin" includes the national origin of an ancestor.

  6. "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.

  7. "Political subdivision" means a county, city, village, township, school district, or special district or authority of the state.

  8. Discrimination because of sex includes sexual harassment which means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communication of a sexual nature when:

    1. Submission to such conduct or communication is made a term or condition either explicitly or implicitly to obtain employment, public accommodations or public services, education, or housing.

    2. Submission to or rejection of such 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.

    3. Such 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.



p. 514

37.2201 Definitions. [M.S.A. 3.548(201)]

   Sec. 201. As used in this article:

  1. "Employer" means a person who has 1 or more employees, and includes an agent of that person.

  2. "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.

  3. "Labor organization" includes:

    1. 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.

    2. A conference, general committee, joint or system board, or joint council which is subordinate to a national or international labor organization.

    3. An agent of a labor organization.

  4. "Sex" 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.

This act is ordered to take immediate effect. Approved July 18, 1980.

   


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