HOUSE BILL NO. 5893
July 30, 2024, Introduced by Reps. Edwards, Aiyash and O'Neal and referred to the Committee
on Government Operations.
A bill to amend 1976 PA 453, entitled
"Elliott-Larsen civil rights act,"
by amending sections 202a and 402a (MCL 37.2202a and 37.2402a), as
added by 1995 PA 88.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 202a. (1) An Except as otherwise provided in subsection
2 (3), an employer shall do both of the following if that employer
3 lists racial or ethnic classifications in a writing developed or
4 printed 90 or more days after the effective date of this section,
5 and if that employer requests that an individual select a
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1 classification to designate his or her the individual's race or
2 ethnicity:
3 (a) Include in the writing the term "multiracial" as a
4 classification, and a definition of that term that substantially
5 provides that "multiracial" means having parents of different
6 races.
7 (b) Exclude from the writing the term "other" as a
8 classification.
9 (2) If a federal agency requires an employer to transmit
10 information obtained from an individual pursuant to a writing
11 described in subsection (1), but rejects the classification
12 "multiracial", the employer shall redesignate the individuals
13 individual identified as multiracial by allocating those
14 individuals the individual to racial or ethnic classifications
15 approved by the federal agency in the same ratio that those
16 classifications occur within the general population of the group
17 from which the information was solicited.
18 (3) This section does not apply to an employer that is a
19 public body as that term is defined in the race and ethnicity data
20 collection act.
21 (4) (3) As used in this section, "writing" means that term as
22 defined in section 2 of the freedom of information act, Act No.
23 1976 PA 442, of the Public Acts of 1976, being section MCL 15.232.
24 of the Michigan Compiled Laws.
25 Sec. 402a. (1) An Except as otherwise provided in subsection
26 (3), an educational institution shall do both of the following if
27 that educational institution lists racial or ethnic classifications
28 in a writing developed or printed 90 or more days after the
29 effective date of this section, and if that educational institution
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1 requests that an individual select 1 of those classifications to
2 designate his or her the individual's race or ethnicity:
3 (a) Include in the writing the term "multiracial" as a
4 classification, and a definition of that term that substantially
5 provides that "multiracial" means having parents of different
6 races.
7 (b) Exclude from the writing the term "other" as a
8 classification.
9 (2) If a federal agency requires an educational institution to
10 transmit information obtained from an individual pursuant to a
11 writing described in subsection (1), but rejects the classification
12 "multiracial", the educational institution shall redesignate the
13 individuals individual identified as multiracial by allocating
14 those individuals the individual to racial or ethnic
15 classifications approved by the federal agency in the same ratio
16 that those classifications occur within the general population of
17 the group from which the information was solicited.
18 (3) This section does not apply to an educational institution
19 that is a public body or state public university as those terms are
20 defined in the race and ethnicity data collection act.
21 (4) (3) As used in this section, "writing" means that term as
22 defined in section 2 of the freedom of information act, Act No.
23 1976 PA 442, of the Public Acts of 1976, being section MCL 15.232.
24 of the Michigan Compiled Laws.
25 Enacting section 1. This amendatory act does not take effect
26 unless Senate Bill No.____ or House Bill No.____ (request no.
27 06132'24) of the 102nd Legislature is enacted into law.
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Statutes affected:
House Introduced Bill: 37.2202, 37.2402