[Code 1974, Ch. 113A; amended 7-23-2013 by Ord. No. 2013-05; 11-7-2013 by Ord. No. 2013-07]
(a)
It is the intent of the Township that no person be denied equal protection
of the laws; nor shall any person be denied the enjoyment of his or
her civil or political rights or be discriminated against or harassed
because of actual or perceived race, color, religion, national origin,
sex, age, height, weight, condition of pregnancy, marital status,
physical or mental limitation, disability, source of income, familial
status, educational association, sexual orientation, gender identity
or expression, or HIV status.
(b)
Nothing herein contained shall be construed to prohibit any affirmative
action laws passed by any level of government.
[Code 1974, Ch. 113A; amended 7-23-2013 by Ord. No. 2013-05; 11-7-2013 by Ord. No. 2013-07]
The following words, terms, and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Chronological age.
A person who by contract furnishes services, materials or
supplies. "Contractor" does not include persons who are merely creditors
or debtors of the Township, such as those holding the Township's
notes or bonds or persons whose notes, bonds or stock is held by the
Township.
The term as defined in § 103(d) of the Persons
with Disabilities Civil Rights Act, Public Act No. 220 of 1976 [MCL
§ 37.1103(d)].
To make a decision, offer to make a decision or refrain from
making a decision based in whole or in part on the actual or perceived
race, color, religion, national origin, sex, age, height, weight,
condition of pregnancy, marital status, physical or mental limitation,
disability, source of income, familial status, educational association,
sexual orientation, gender identity or expression, or HIV status of
another person. Discrimination based on actual or perceived physical
or mental limitation includes discrimination because of the use by
an individual of adaptive devices or aids.
The fact of being enrolled or not enrolled at any educational
institution.
A person who has one or more employees, and includes any
agent of that person.
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 any agent of
that person.
One 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. "Parent"
includes a person who is pregnant.
A person's actual or perceived gender, including a person's
gender identity, self-image, appearance, expression, or behavior,
whether or not that gender identity, self-image, expression, or behavior
is different from that traditionally associated with the person's
gender at birth as being either female or male.
The state or condition of being diagnosed as having been
infected with the human immunodeficiency virus, whether or not having
been diagnosed as having acquired immunodeficiency syndrome or acquired
immunodeficiency syndrome related complex.
Improved or unimproved real property, or a part thereof,
that is used or occupied, or is intended, arranged, or designed to
be used or occupied, as the home or residence of one or more persons,
including, but not limited to, a house, apartment, rooming house,
housing cooperative, hotel, motel, tourist home, retirement home or
nursing home.
A spouse, parent, child, or sibling.
An organization of any kind, an agency or employee representation
committee group, association, or plan in which employees participate
and that exists for the purpose, in whole or in part, of dealing with
employees concerning grievances, labor disputes, wages, rate of pay,
hours, or other terms or conditions of employment.
Being single, divorced, widowed, separated or married, and
the conditions associated therewith, including pregnancy and parenthood.
A limitation of mental capabilities unrelated to one's
ability to safely perform the work involved in jobs or positions available
to such person for hire or promotion; a limitation of mental capabilities
unrelated to one's ability to acquire, rent and maintain property;
or a limitation of mental capabilities unrelated to one's ability
to utilize and benefit from the goods, services, activities, privileges
and accommodations of a place of public accommodation. "Mental limitation"
includes, but is not limited to, developmental disabilities, psychological,
etc. "Mental limitation" does not include any condition caused by
the current illegal use of a controlled substance.
A person who is Black or African American, Native American
or Alaskan native, Hispanic or Latino, Asian, Native Hawaiian or other
Pacific Islander.
The national origin of a person, and includes the national
origin of an ancestor, and shall include persons who are not naturalized
citizens.
To regard or attain awareness or understanding of something
through one's perception or senses. As used in this chapter,
the word refers to the perception of the person who acts, and not
to the perception of the person for or against whom the action is
taken.
A limitation of physical capabilities unrelated to one's
ability to safely perform the work involved in jobs or positions available
to such person for hire or promotion; a limitation of physical capabilities
unrelated to one's ability to acquire, rent and maintain property;
or a limitation of physical capabilities unrelated to one's ability
to utilize and benefit from the goods, services, activities, privileges
and accommodations of a place of public accommodation. "Physical limitation"
includes, but is not limited to, blindness or partial sightedness,
deafness or hearing impairment, muteness, partial or total absence
of physical member, speech impairment and motor impairment. "Physical
limitation" does not include any condition caused by the current illegal
use of a controlled substance.
An educational, governmental, health, day-care, entertainment,
cultural, recreational, refreshment, transportation, financial institution,
accommodation, business or other facility of any kind, whose goods,
services, facilities, privileges, advantages or accommodations are
extended, offered, sold or otherwise made available to the public,
or which receives financial support through the solicitation of the
general public or through governmental subsidy of any kind.
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 encumbrance 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.
The sale, exchange, rental, or lease of real property, or
an interest therein.
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.
Includes, but is not limited to, pregnancy, childbirth, or
a medical condition related to pregnancy or childbirth. Discrimination
because of sex includes harassment, which means unwelcome sexual advances,
requests for sexual favors, and other verbal or physical conduct or
communication of a sexual nature when:
Submission to such conduct or communication is made a term or
condition either explicitly or implicitly to obtain employment, public
accommodations or housing.
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 housing.
Such conduct or communication has the purpose or effect of substantially
interfering with an individual's employment, public accommodations
or housing or creating an intimidating, hostile, or offensive employment,
public accommodation or housing environment.
Being or regarded as being homosexual, heterosexual, bisexual,
or having a history of such identification.
Any legal source from which a person obtains money.
To have physical conduct or communication that refers to
an individual protected under this chapter, when such conduct or communication
demeans or dehumanizes and has the purpose or effect of substantially
interfering with an individual's employment, public accommodations
or housing, or creating an intimidating, hostile, or offensive employment,
public accommodations or housing environment.
[Code 1974, Ch. 113A; amended 7-23-2013 by Ord. No. 2013-05; 11-7-2013 by Ord. No. 2013-07]
Notwithstanding anything contained in this chapter, the following
practices shall not be violations of this chapter:
(a)
For a religious organization or institution to restrict any of its
facilities of housing or accommodations that are operated as a direct
part of religious activities to persons of the denomination involved
or to restrict employment opportunities for officers, religious instructors
and clergy to persons of that denomination.
(b)
For the owner of an owner-occupied one-family or two-family dwelling,
or a housing facility or public accommodation facility, respectively,
devoted entirely to the housing and accommodation of individuals of
one gender, to restrict occupancy and use of the opposite gender.
(c)
To limit occupancy in a housing project or to provide public accommodations
or employment privileges or assistance to persons of low income, over
50 years of age or who are handicapped.
(d)
To engage in a bona fide effort to establish an affirmative action
program to improve opportunities in employment for minorities and
women.
(e)
To discriminate based on a person's age when such discrimination
is required by state, federal or local law.
(f)
To refuse to enter into a contract with a minor who is not emancipated.
(g)
To refuse to admit a person under the legal age for purchasing alcoholic
beverages to a place of public accommodation serving alcoholic beverages.
(h)
To refuse to admit persons under 18 years of age to a business providing
entertainment or selling literature that the operator of said business
deems unsuitable for minors.
(i)
For an educational institution to limit the use of its facilities
to those affiliated with such institution.
(j)
To provide discounts on products or services to students, minors
and senior citizens or members of an organization.
(k)
To discriminate in any arrangement for the sharing of a dwelling
unit.
(l)
To restrict use of lavatories and locker room facilities on the basis
of gender.
(m)
For a governmental institution to restrict any of its facilities
or to restrict employment opportunities based on duly adopted institutional
policies that conform to federal and state laws and regulations.
(n)
To restrict participation in an instructional program, athletic event
or on an athletic team on the basis of age or gender.
