By Llily Guiney
Gongwer News Service
The Michigan Civil Rights Commission approved a resolution on Tuesday outlining processes for how it will handle intersections of state and federal law and the rights guaranteed under the U.S. and Michigan constitutions.
The resolution sets forth a plan for the commission to “clarify and publish available options for resolving matters that implicate civil rights,” including rights that might be invoked in support of an application for a bona fide occupational qualification, a petition for a declaratory ruling or a defense under the Elliott-Larsen Civil Rights Act.
The published processes will, under the resolution, “make explicit that they can be used by anyone, as far as appropriate under the facts and law of the particular case, to protect the rights guaranteed by the United States Constitution, the Michigan Constitution and Michigan’s civil rights laws” and will reiterate the neutrality, general applicability and standards of procedure.
“The department shall also make clear that an applicant’s legal briefs in support of a BFOQ are advisory only, and that the decision to apply for a BFOQ without the assistance of counsel will not, by itself, affect one’s entitlement to a BFOQ,” the resolution directs the Department of Civil Rights. “Once complete, the department shall publish the clarified processes and submit them to the commission for review and consideration. If appropriate, the department may also make recommendations to the commission to amend the applicable administrative rules to further effectuate the objectives of this resolution.”
Commissioner Zenna Elhasan said the resolution is, at its core, about “ensuring that the commission and the department have clear, neutral and transparent processes” for addressing situations where “the civil rights protections we are charged with enforcing intersect with other rights guaranteed by the United States Constitution, the Michigan Constitution and Michigan law.”
“This resolution will modernize processes for requesting exemptions to civil rights law based on the legitimate needs of a business as it relates to Bona Fide Occupational Qualifications, petitions for declaratory rulings, and more,” Commission Chair Luke Londo said in a statement. “We’re grateful to Commissioner Elhasan and the Rules Committee for leading on this issue as part of our ongoing work to strengthen our processes and better protect the civil rights of Michigan residents.”
Gongwer News Service
The Michigan Civil Rights Commission approved a resolution on Tuesday outlining processes for how it will handle intersections of state and federal law and the rights guaranteed under the U.S. and Michigan constitutions.
The resolution sets forth a plan for the commission to “clarify and publish available options for resolving matters that implicate civil rights,” including rights that might be invoked in support of an application for a bona fide occupational qualification, a petition for a declaratory ruling or a defense under the Elliott-Larsen Civil Rights Act.
The published processes will, under the resolution, “make explicit that they can be used by anyone, as far as appropriate under the facts and law of the particular case, to protect the rights guaranteed by the United States Constitution, the Michigan Constitution and Michigan’s civil rights laws” and will reiterate the neutrality, general applicability and standards of procedure.
“The department shall also make clear that an applicant’s legal briefs in support of a BFOQ are advisory only, and that the decision to apply for a BFOQ without the assistance of counsel will not, by itself, affect one’s entitlement to a BFOQ,” the resolution directs the Department of Civil Rights. “Once complete, the department shall publish the clarified processes and submit them to the commission for review and consideration. If appropriate, the department may also make recommendations to the commission to amend the applicable administrative rules to further effectuate the objectives of this resolution.”
Commissioner Zenna Elhasan said the resolution is, at its core, about “ensuring that the commission and the department have clear, neutral and transparent processes” for addressing situations where “the civil rights protections we are charged with enforcing intersect with other rights guaranteed by the United States Constitution, the Michigan Constitution and Michigan law.”
“This resolution will modernize processes for requesting exemptions to civil rights law based on the legitimate needs of a business as it relates to Bona Fide Occupational Qualifications, petitions for declaratory rulings, and more,” Commission Chair Luke Londo said in a statement. “We’re grateful to Commissioner Elhasan and the Rules Committee for leading on this issue as part of our ongoing work to strengthen our processes and better protect the civil rights of Michigan residents.”
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