Thursday, March 16th, the Senate voted on SB 147 to amend the Elliot Larsen Civil Rights Act (ELCRA) and redefine “sex” to include termination of pregnancy. This puts a woman seeking an elective abortion on equal footing with a pregnant employee for the purposes of employment benefits and protections.

With this change, employers with one or more employees may not discriminate against any employee on the basis of “sex” including with respect to abortion. In the ELCRA discrimination is defined as treating an employee differently with regard to compensation, or a term, condition, or privilege of employment.”

An employer may not “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.”

What this mean is that every employer in the state who offers healthcare benefits covering pregnancy will also have to cover abortion. Every employer who offers paid time off for childbirth will have to offer paid time off for abortion, and there is no carve out for religious employers or employers who have a conscience objection to abortion. Thus, organizations such as Right to Life of Michigan whose mission statement includes objection to abortion, will be forced to offer abortion coverage in our health plan. In addition, with this change, an employee of a religious organization could have an abortion, brag about it on social media, and her employer would have no recourse for any disciplinary action.

This bill was introduced last week but was amended in committee on Wednesday afternoon without any public notice of the changed language until after the committee vote. On Thursday morning, the bill was rushed through a Senate vote. After we notified the Senate Republicans of the changes, several quickly took action. Senators Albert and Johnson offered amendments to the bill, and Senator Bellino provided a floor speech explaining the dangers of the bill. Every sitting Republican voted against the bill (Senator Roger Victory was absent for the vote).

We are asking you to once again, reach out to your Senator(s) and thank them for their no vote. We are also asking that you contact your Representatives to alert them to SB 147 which may be on the House floor as early as next week.

Senators

Representatives