reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 37 - Civil Rights › Act 453 of 1976 - Elliott-Larsen Civil Rights Act (37.2101 - 37.2804) › Article 2 - (37.2201...37.2211) › Section 37.2202.amended - Employer; Prohibited Practices; Exceptions.

***** 37.2202.amended THIS AMENDED SECTION IS EFFECTIVE 91 DAYS AFTER ADJOURNMENT OF THE 2023 REGULAR SESSION SINE DIE *****
37.2202.amended Employer; prohibited practices; exceptions.
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, 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, 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.
History:
1976, Act 453, Eff. Mar. 31, 1977 ;-- Am. 1978, Act 153, Imd. Eff. May 22, 1978 ;-- Am. 1991, Act 11, Eff. May 1, 1991 ;-- Am. 2009, Act 190, Imd. Eff. Dec. 22, 2009 ;-- Am. 2023, Act 6, Eff. (sine die) ;-- Am. 2023, Act 31, Eff. (sine die)
2023 Michigan Compiled Laws › Chapter 37 - Civil Rights › Act 453 of 1976 - Elliott-Larsen Civil Rights Act (37.2101 - 37.2804) › Article 2 - (37.2201...37.2211) › Section 37.2202a - Designation of Racial or Ethnic Classifications in Writing Developed by Employer; Transmission of Information to Federal Agency; “Writing” Defined.

37.2202a Designation of racial or ethnic classifications in writing developed by employer; transmission of information to federal agency; “writing” defined.
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.
History:
Add. 1995, Act 88, Imd. Eff. June 20, 1995
2023 Michigan Compiled Laws › Chapter 37 - Civil Rights › Act 453 of 1976 - Elliott-Larsen Civil Rights Act (37.2101 - 37.2804) › Article 2 - (37.2201...37.2211) › Section 37.2203 - Employment Agency; Prohibited Practices Generally.

***** 37.2203 THIS SECTION IS AMENDED EFFECTIVE 91 DAYS AFTER ADJOURNMENT OF THE 2023 REGULAR SESSION SINE DIE: See 37.2203.amended *****
37.2203 Employment agency; prohibited practices generally.
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.
History:
1976, Act 453, Eff. Mar. 31, 1977
2023 Michigan Compiled Laws › Chapter 37 - Civil Rights › Act 453 of 1976 - Elliott-Larsen Civil Rights Act (37.2101 - 37.2804) › Article 2 - (37.2201...37.2211) › Section 37.2203.amended - Employment Agency; Prohibited Practices Generally.

***** 37.2203.amended THIS AMENDED SECTION IS EFFECTIVE 91 DAYS AFTER ADJOURNMENT OF THE 2023 REGULAR SESSION SINE DIE *****
37.2203.amended Employment agency; prohibited practices generally.
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, 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, color, national origin, age, sex, sexual orientation, gender identity or expression, height, weight, or marital status.
History:
1976, Act 453, Eff. Mar. 31, 1977 ;-- Am. 2023, Act 6, Eff. (sine die)
2023 Michigan Compiled Laws › Chapter 37 - Civil Rights › Act 453 of 1976 - Elliott-Larsen Civil Rights Act (37.2101 - 37.2804) › Article 2 - (37.2201...37.2211) › Section 37.2204 - Labor Organization; Prohibited Practices Generally.

***** 37.2204 THIS SECTION IS AMENDED EFFECTIVE 91 DAYS AFTER ADJOURNMENT OF THE 2023 REGULAR SESSION SINE DIE: See 37.2204.amended *****
37.2204 Labor organization; prohibited practices generally.
Sec. 204.
A labor organization shall not:
(a) Exclude or expel from membership, or otherwise discriminate against, a member or applicant for membership because of religion, race, color, national origin, age, sex, 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 which would deprive or tend to deprive that individual of an employment opportunity, or which would limit an employment opportunity, 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, sex, 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, sex, height, weight, or marital status.
History:
1976, Act 453, Eff. Mar. 31, 1977
2023 Michigan Compiled Laws › Chapter 37 - Civil Rights › Act 453 of 1976 - Elliott-Larsen Civil Rights Act (37.2101 - 37.2804) › Article 2 - (37.2201...37.2211) › Section 37.2204.amended - Labor Organization; Prohibited Practices Generally.

***** 37.2204.amended THIS AMENDED SECTION IS EFFECTIVE 91 DAYS AFTER ADJOURNMENT OF THE 2023 REGULAR SESSION SINE DIE *****
37.2204.amended Labor organization; prohibited practices generally.
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, 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, 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, color, national origin, age, sex, sexual orientation, gender identity or expression, height, weight, or marital status.
History:
1976, Act 453, Eff. Mar. 31, 1977 ;-- Am. 2023, Act 6, Eff. (sine die)
2023 Michigan Compiled Laws › Chapter 37 - Civil Rights › Act 453 of 1976 - Elliott-Larsen Civil Rights Act (37.2101 - 37.2804) › Article 2 - (37.2201...37.2211) › Section 37.2205 - Employer, Labor Organization, or Joint Labor-Management Committee; Training Programs; Prohibited Practices.

***** 37.2205 THIS SECTION IS AMENDED EFFECTIVE 91 DAYS AFTER ADJOURNMENT OF THE 2023 REGULAR SESSION SINE DIE: See 37.2205.amended *****
37.2205 Employer, labor organization, or joint labor-management committee; training programs; prohibited practices.
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, color, national origin, age, sex, 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.
History:
1976, Act 453, Eff. Mar. 31, 1977
2023 Michigan Compiled Laws › Chapter 37 - Civil Rights › Act 453 of 1976 - Elliott-Larsen Civil Rights Act (37.2101 - 37.2804) › Article 2 - (37.2201...37.2211) › Section 37.2205.amended - Employer, Labor Organization, or Joint Labor-Management Committee; Training Programs; Prohibited Practices.

***** 37.2205.amended THIS AMENDED SECTION IS EFFECTIVE 91 DAYS AFTER ADJOURNMENT OF THE 2023 REGULAR SESSION SINE DIE *****
37.2205.amended Employer, labor organization, or joint labor-management committee; training programs; prohibited practices.
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, 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.
History:
1976, Act 453, Eff. Mar. 31, 1977 ;-- Am. 2023, Act 6, Eff. (sine die)
2023 Michigan Compiled Laws › Chapter 37 - Civil Rights › Act 453 of 1976 - Elliott-Larsen Civil Rights Act (37.2101 - 37.2804) › Article 2 - (37.2201...37.2211) › Section 37.2205a - Employer, Employment Agency, or Labor Organization; Record of Information Regarding Misdemeanor Arrest, Detention, or Disposition; Failure to Recite or Acknowledge Information; “Law Enforcement Agency” Defined.

37.2205a Employer, employment agency, or labor organization; record of information regarding misdemeanor arrest, detention, or disposition; failure to recite or acknowledge information; “law enforcement agency” defined.
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 membership, or in connection with the terms, conditions, or privileges of employment or membership 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 for giving a false statement by failing to recite or acknowledge information the person has a civil right to withhold by this section. This section does 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.
History:
1976, Act 453, Eff. Mar. 31, 1977 ;-- Am. 1978, Act 610, Eff. Mar. 30, 1979 ;-- Am. 1982, Act 45, Eff. Mar. 30, 1983 ;-- Am. 1999, Act 202, Eff. Mar. 10, 2000
Compiler's Notes:
Enacting section 1 of Act 202 of 1999 provides:“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 imprisonment in a state or county correctional facility is not within the purview of this act. ”
2023 Michigan Compiled Laws › Chapter 37 - Civil Rights › Act 453 of 1976 - Elliott-Larsen Civil Rights Act (37.2101 - 37.2804) › Article 2 - (37.2201...37.2211) › Section 37.2205b - Repealed. 1982, Act 45, Eff. Mar. 30, 1983.

37.2205b Repealed. 1982, Act 45, Eff. Mar. 30, 1983.
Compiler's Notes:
The repealed section pertained to announcing availability of polygraph examination.
2023 Michigan Compiled Laws › Chapter 37 - Civil Rights › Act 453 of 1976 - Elliott-Larsen Civil Rights Act (37.2101 - 37.2804) › Article 2 - (37.2201...37.2211) › Section 37.2206 - Employer, Labor Organization, or Employment Agency; Prohibited Practices.

***** 37.2206 THIS SECTION IS AMENDED EFFECTIVE 91 DAYS AFTER ADJOURNMENT OF THE 2023 REGULAR SESSION SINE DIE: See 37.2206.amended *****
37.2206 Employer, labor organization, or employment agency; prohibited practices.
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, which indicates a preference, limitation, specification, or discrimination, based on religion, race, color, national origin, age, sex, 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, sex, 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, sex, height, weight, or marital status of a prospective employee.
History:
1976, Act 453, Eff. Mar. 31, 1977
Admin Rule:
R 37.1 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 37 - Civil Rights › Act 453 of 1976 - Elliott-Larsen Civil Rights Act (37.2101 - 37.2804) › Article 2 - (37.2201...37.2211) › Section 37.2206.amended - Employer, Labor Organization, or Employment Agency; Prohibited Practices.

***** 37.2206.amended THIS AMENDED SECTION IS EFFECTIVE 91 DAYS AFTER ADJOURNMENT OF THE 2023 REGULAR SESSION SINE DIE *****
37.2206.amended Employer, labor organization, or employment agency; prohibited practices.
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, 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, 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, color, national origin, age, sex, sexual orientation, gender identity or expression, height, weight, or marital status of a prospective employee.
History:
1976, Act 453, Eff. Mar. 31, 1977 ;-- Am. 2023, Act 6, Eff. (sine die)
Admin Rule:
R 37.1 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 37 - Civil Rights › Act 453 of 1976 - Elliott-Larsen Civil Rights Act (37.2101 - 37.2804) › Article 2 - (37.2201...37.2211) › Section 37.2207 - Individual Seeking Employment; Prohibited Practices.

***** 37.2207 THIS SECTION IS AMENDED EFFECTIVE 91 DAYS AFTER ADJOURNMENT OF THE 2023 REGULAR SESSION SINE DIE: See 37.2207.amended *****
37.2207 Individual seeking employment; prohibited practices.
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, sex, height, weight, or marital status, or expresses a preference, specification, limitation, or discrimination as to the religion, race, color, national origin, age, height, weight, sex, or marital status of a prospective employer.
History:
1976, Act 453, Eff. Mar. 31, 1977
2023 Michigan Compiled Laws › Chapter 37 - Civil Rights › Act 453 of 1976 - Elliott-Larsen Civil Rights Act (37.2101 - 37.2804) › Article 2 - (37.2201...37.2211) › Section 37.2207.amended - Individual Seeking Employment; Prohibited Practices.

***** 37.2207.amended THIS AMENDED SECTION IS EFFECTIVE 91 DAYS AFTER ADJOURNMENT OF THE 2023 REGULAR SESSION SINE DIE *****
37.2207.amended Individual seeking employment; prohibited practices.
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, 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, color, national origin, age, height, weight, sex, sexual orientation, gender identity or expression, or marital status of a prospective employer.
History:
1976, Act 453, Eff. Mar. 31, 1977 ;-- Am. 2023, Act 6, Eff. (sine die)
2023 Michigan Compiled Laws › Chapter 37 - Civil Rights › Act 453 of 1976 - Elliott-Larsen Civil Rights Act (37.2101 - 37.2804) › Article 2 - (37.2201...37.2211) › Section 37.2208 - Application for Exemption; Bona Fide Occupational Qualification.

37.2208 Application for exemption; bona fide occupational qualification.
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 sex 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, sex, 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 establishing that the qualification is reasonably necessary to the normal operation of the business.
History:
1976, Act 453, Eff. Mar. 31, 1977
2023 Michigan Compiled Laws › Chapter 37 - Civil Rights › Act 453 of 1976 - Elliott-Larsen Civil Rights Act (37.2101 - 37.2804) › Article 2 - (37.2201...37.2211) › Section 37.2209 - Covenants.

***** 37.2209 THIS SECTION IS AMENDED EFFECTIVE 91 DAYS AFTER ADJOURNMENT OF THE 2023 REGULAR SESSION SINE DIE: See 37.2209.amended *****
37.2209 Covenants.
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, sex, height, weight, or marital status. Breach of this covenant may be regarded as a material breach of the contract.
History:
1976, Act 453, Eff. Mar. 31, 1977
2023 Michigan Compiled Laws › Chapter 37 - Civil Rights › Act 453 of 1976 - Elliott-Larsen Civil Rights Act (37.2101 - 37.2804) › Article 2 - (37.2201...37.2211) › Section 37.2209.amended - Covenants.

***** 37.2209.amended THIS AMENDED SECTION IS EFFECTIVE 91 DAYS AFTER ADJOURNMENT OF THE 2023 REGULAR SESSION SINE DIE *****
37.2209.amended Covenants.
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, 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.
History:
1976, Act 453, Eff. Mar. 31, 1977 ;-- Am. 2023, Act 6, Eff. (sine die)
2023 Michigan Compiled Laws › Chapter 37 - Civil Rights › Act 453 of 1976 - Elliott-Larsen Civil Rights Act (37.2101 - 37.2804) › Article 2 - (37.2201...37.2211) › Section 37.2210 - Plan.

37.2210 Plan.
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, color, national origin, or sex if the plan is filed with the commission under rules of the commission and the commission approves the plan.
History:
1976, Act 453, Eff. Mar. 31, 1977
Admin Rule:
R 37.27 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 37 - Civil Rights › Act 453 of 1976 - Elliott-Larsen Civil Rights Act (37.2101 - 37.2804) › Article 2 - (37.2201...37.2211) › Section 37.2211 - Different Standards of Compensation; Different Terms, Conditions, or Privileges of Employment.

37.2211 Different standards of compensation; different terms, conditions, or privileges of employment.
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.
History:
1976, Act 453, Eff. Mar. 31, 1977
2023 Michigan Compiled Laws › Chapter 37 - Civil Rights › Act 453 of 1976 - Elliott-Larsen Civil Rights Act (37.2101 - 37.2804) › Article 3 - (37.2301...37.2304) › Section 37.2301 - Definitions.

***** 37.2301 THIS SECTION IS AMENDED EFFECTIVE 91 DAYS AFTER ADJOURNMENT OF THE 2023 REGULAR SESSION SINE DIE: See 37.2301.amended *****
37.2301 Definitions.
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 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 individual serving a sentence of imprisonment.
History:
1976, Act 453, Eff. Mar. 31, 1977 ;-- Am. 1992, Act 70, Imd. Eff. May 29, 1992 ;-- Am. 1999, Act 202, Eff. Mar. 10, 2000
Compiler's Notes:
Enacting section 1 of Act 202 of 1999 provides:“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 imprisonment in a state or county correctional facility is not within the purview of this act. ”
Constitutionality:
In Doe v Dep't of Corrections, 504 Mich 883 (2019), the Michigan Supreme Court denied the application for leave to appeal the March 27, 2018 judgment in Doe v Dep't of Corrections, 323 Mich App 479, that held that section 301(b) as amended by Act 202 of 1999 to effectively bar correctional-facility prisoners from bringing ELCRA suits is in direct violation of article I, section 2 of the state constitution of 1963.
2023 Michigan Compiled Laws › Chapter 37 - Civil Rights › Act 453 of 1976 - Elliott-Larsen Civil Rights Act (37.2101 - 37.2804) › Article 3 - (37.2301...37.2304) › Section 37.2301.amended - Definitions.

***** 37.2301.amended THIS AMENDED SECTION IS EFFECTIVE 91 DAYS AFTER ADJOURNMENT OF THE 2023 REGULAR SESSION SINE DIE *****
37.2301.amended Definitions.
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, 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.
History:
1976, Act 453, Eff. Mar. 31, 1977 ;-- Am. 1992, Act 70, Imd. Eff. May 29, 1992 ;-- Am. 1999, Act 202, Eff. Mar. 10, 2000 ;-- Am. 2023, Act 6, Eff. (sine die)
Compiler's Notes:
Enacting section 1 of Act 202 of 1999 provides:“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 imprisonment in a state or county correctional facility is not within the purview of this act. ”
Constitutionality:
In Doe v Dep't of Corrections, 504 Mich 883 (2019), the Michigan Supreme Court denied the application for leave to appeal the March 27, 2018 judgment in Doe v Dep't of Corrections, 323 Mich App 479, that held that section 301(b) as amended by Act 202 of 1999 to effectively bar correctional-facility prisoners from bringing ELCRA suits is in direct violation of article I, section 2 of the state constitution of 1963.
2023 Michigan Compiled Laws › Chapter 37 - Civil Rights › Act 453 of 1976 - Elliott-Larsen Civil Rights Act (37.2101 - 37.2804) › Article 3 - (37.2301...37.2304) › Section 37.2302 - Public Accommodations or Services; Prohibited Practices.

***** 37.2302 THIS SECTION IS AMENDED EFFECTIVE 91 DAYS AFTER ADJOURNMENT OF THE 2023 REGULAR SESSION SINE DIE: See 37.2302.amended *****
37.2302 Public accommodations or services; prohibited practices.
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, sex, 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, sex, 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, sex, or marital status.
History:
1976, Act 453, Eff. Mar. 31, 1977
Constitutionality:
The goal of the Civil Rights Act was to broaden the scope of equal protection rather than the standard of equal protection developed by the courts in the course of interpreting the equal protection provisions of United States and Michigan Constitutions. Civil Rights Department v Waterford, 425 Mich 173; 387 NW2d 821 (1986).
2023 Michigan Compiled Laws › Chapter 37 - Civil Rights › Act 453 of 1976 - Elliott-Larsen Civil Rights Act (37.2101 - 37.2804) › Article 3 - (37.2301...37.2304) › Section 37.2302.amended - Public Accommodations or Services; Prohibited Practices.

***** 37.2302.amended THIS AMENDED SECTION IS EFFECTIVE 91 DAYS AFTER ADJOURNMENT OF THE 2023 REGULAR SESSION SINE DIE *****
37.2302.amended Public accommodations or services; prohibited practices.
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, 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, 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, color, national origin, age, sex, sexual orientation, gender identity or expression, or marital status.
History:
1976, Act 453, Eff. Mar. 31, 1977 ;-- Am. 2023, Act 6, Eff. (sine die)
Constitutionality:
The goal of the Civil Rights Act was to broaden the scope of equal protection rather than the standard of equal protection developed by the courts in the course of interpreting the equal protection provisions of United States and Michigan Constitutions. Civil Rights Department v Waterford, 425 Mich 173; 387 NW2d 821 (1986).
2023 Michigan Compiled Laws › Chapter 37 - Civil Rights › Act 453 of 1976 - Elliott-Larsen Civil Rights Act (37.2101 - 37.2804) › Article 3 - (37.2301...37.2304) › Section 37.2302a - Applicability to Private Club.

***** 37.2302a THIS SECTION IS AMENDED EFFECTIVE 91 DAYS AFTER ADJOURNMENT OF THE 2023 REGULAR SESSION SINE DIE: See 37.2302a.amended *****
37.2302a Applicability to private club.
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 membership, the use must be equally available to all adults entitled to use the facilities under the membership. All classes of membership shall be available without regard to race, color, gender, 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 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 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.
History:
Add. 1992, Act 70, Imd. Eff. May 29, 1992
2023 Michigan Compiled Laws › Chapter 37 - Civil Rights › Act 453 of 1976 - Elliott-Larsen Civil Rights Act (37.2101 - 37.2804) › Article 3 - (37.2301...37.2304) › Section 37.2302a.amended - Applicability to Private Club.

***** 37.2302a.amended THIS AMENDED SECTION IS EFFECTIVE 91 DAYS AFTER ADJOURNMENT OF THE 2023 REGULAR SESSION SINE DIE *****
37.2302a.amended Applicability to private club.
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, 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.
History:
Add. 1992, Act 70, Imd. Eff. May 29, 1992 ;-- Am. 2023, Act 6, Eff. (sine die)
2023 Michigan Compiled Laws › Chapter 37 - Civil Rights › Act 453 of 1976 - Elliott-Larsen Civil Rights Act (37.2101 - 37.2804) › Article 3 - (37.2301...37.2304) › Section 37.2303 - Exemptions.

37.2303 Exemptions.
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.
History:
1976, Act 453, Eff. Mar. 31, 1977 ;-- Am. 1992, Act 70, Imd. Eff. May 29, 1992
2023 Michigan Compiled Laws › Chapter 37 - Civil Rights › Act 453 of 1976 - Elliott-Larsen Civil Rights Act (37.2101 - 37.2804) › Article 3 - (37.2301...37.2304) › Section 37.2304 - Violation.

37.2304 Violation.
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.
History:
Add. 1992, Act 70, Imd. Eff. May 29, 1992
2023 Michigan Compiled Laws › Chapter 37 - Civil Rights › Act 453 of 1976 - Elliott-Larsen Civil Rights Act (37.2101 - 37.2804) › Article 4 - (37.2401...37.2404a) › Section 37.2401 - Definition.

37.2401 Definition.
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.
History:
1976, Act 453, Eff. Mar. 31, 1977
2023 Michigan Compiled Laws › Chapter 37 - Civil Rights › Act 453 of 1976 - Elliott-Larsen Civil Rights Act (37.2101 - 37.2804) › Article 4 - (37.2401...37.2404a) › Section 37.2402 - Educational Institution; Prohibited Practices.

***** 37.2402 THIS SECTION IS AMENDED EFFECTIVE 91 DAYS AFTER ADJOURNMENT OF THE 2023 REGULAR SESSION SINE DIE: See 37.2402.amended *****
37.2402 Educational institution; prohibited practices.
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 sex.
(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 sex.
(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, sex, 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 sex 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, color, national origin, or sex.
History:
1976, Act 453, Eff. Mar. 31, 1977 ;-- Am. 1982, Act 512, Eff. Mar. 30, 1983 ;-- Am. 1993, Act 216, Imd. Eff. Oct. 29, 1993
Admin Rule:
R 37.1 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 37 - Civil Rights › Act 453 of 1976 - Elliott-Larsen Civil Rights Act (37.2101 - 37.2804) › Article 4 - (37.2401...37.2404a) › Section 37.2402.amended - Educational Institution; Prohibited Practices.

***** 37.2402.amended THIS AMENDED SECTION IS EFFECTIVE 91 DAYS AFTER ADJOURNMENT OF THE 2023 REGULAR SESSION SINE DIE *****
37.2402.amended Educational institution; prohibited practices.
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, 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, 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, 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, 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, color, national origin, sex, sexual orientation, or gender identity or expression.
History:
1976, Act 453, Eff. Mar. 31, 1977 ;-- Am. 1982, Act 512, Eff. Mar. 30, 1983 ;-- Am. 1993, Act 216, Imd. Eff. Oct. 29, 1993 ;-- Am. 2023, Act 6, Eff. (sine die)
Admin Rule:
R 37.1 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 37 - Civil Rights › Act 453 of 1976 - Elliott-Larsen Civil Rights Act (37.2101 - 37.2804) › Article 4 - (37.2401...37.2404a) › Section 37.2402a - Designation of Racial or Ethnic Classification in Writing Developed by Educational Institution; Transmission of Information to Federal Agency; “Writing” Defined.

37.2402a Designation of racial or ethnic classification in writing developed by educational institution; transmission of information to federal agency; “writing” defined.
Sec. 402a.
(1) An educational institution shall do both of the following if that educational institution 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 1 of those classifications 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.
History:
Add. 1995, Act 88, Imd. Eff. June 20, 1995
2023 Michigan Compiled Laws › Chapter 37 - Civil Rights › Act 453 of 1976 - Elliott-Larsen Civil Rights Act (37.2101 - 37.2804) › Article 4 - (37.2401...37.2404a) › Section 37.2403 - Religious Educational Institution; Exemption.

37.2403 Religious educational institution; exemption.
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.
History:
1976, Act 453, Eff. Mar. 31, 1977
2023 Michigan Compiled Laws › Chapter 37 - Civil Rights › Act 453 of 1976 - Elliott-Larsen Civil Rights Act (37.2101 - 37.2804) › Article 4 - (37.2401...37.2404a) › Section 37.2404 - Private Educational Institution; Exemption.

37.2404 Private educational institution; exemption.
Sec. 404.
The provisions of section 402 relating to sex shall not apply to a private educational institution not exempt under section 403, which now or hereafter provides an education to persons of 1 sex.
History:
1976, Act 453, Eff. Mar. 31, 1977
2023 Michigan Compiled Laws › Chapter 37 - Civil Rights › Act 453 of 1976 - Elliott-Larsen Civil Rights Act (37.2101 - 37.2804) › Article 4 - (37.2401...37.2404a) › Section 37.2404a - Single-Gender School, Class, or Program; Definitions.

37.2404a Single-gender school, class, or program; definitions.
Sec. 404a.
(1) This article does not prohibit the board of a school district or intermediate school district or the board of directors of a public school academy from establishing and maintaining a single-gender school, class, or program within a school as provided under sections 475 and 1146 of the revised school code, 1976 PA 451, MCL 380.475 and 380.1146.
(2) As used in this section, "school district", "intermediate school district", and "public school academy" mean those terms as defined in the revised school code, 1976 PA 451, MCL 380.1 to 380.1852.
History:
Add. 2006, Act 348, Imd. Eff. Sept. 1, 2006