Mich. Admin. Code R. 37.25 - Exemption from particular section of act; bona fide occupational qualification (BFOQ)

Rule 25.

(1) A person subject to article 2 of the Elliott-Larsen civil rights act, 1976 PA 453, MCL 37.2201 to 37.2211, may apply to the commission for exemption from particular sections of article 2 of the Elliott-Larsen civil rights act, 1976 PA 453, MCL 37.2201 to 37.2211, on the basis that religion, national origin, age, height, weight, or sex is a bona fide occupational qualification (BFOQ). An application for a BFOQ exemption may be obtained from the department's office of legal affairs or via the website at www.michigan.gov/mdcr.

(2) The commission may direct the department to investigate any matter deemed relevant to an application, and the applicant shall make available all records, documents, data, or other information requested by the department or commission. Failure to provide this information results in denial of the application.

(3) An exemption must not be granted if the same facts and circumstances are at issue in a complaint pending before the department or commission. Upon a sufficient showing, the commission may grant an exemption. The exemption may be later revoked by the commission if the commission obtains other or different information, but the revocation is prospective. Any person obtaining an exemption shall notify the commission if and when the classification exempted is no longer utilized.

(4) An approved BFOQ exemption is effective for not more than 5 years after the date of the order of exemption issued by the commission.

(5) Within 21 days" after notice to the person to whom an approved BFOQ exemption has been granted, the commission may revoke the BFOQ exemption by a majority vote of the commission.

(6) An application to renew a BFOQ exemption may be submitted on the application form provided by the department.

Notes

Mich. Admin. Code R. 37.25

1979 AC; 2023 MR 10, Eff. 5/16/2023