investigation results in the department bringing a charge of discrimination, what the department
must do upon receipt of the answer to a charge, and to permit the use of electronic service of the
Rule 37.12 Hearing on a charge.
The changes here are minor. They intend to make the rule read more clearly, and to count time in
multiples of seven days for consistency.
Rule 37.25 Exemption from particular section of act; bona fide occupational qualification
While the need to use a BFOQ may change over time, the present rules provide that the exception
be unending. Whether the changes are societal, legal, or even technological, the department
believes a decision to let an employer do what otherwise would be illegal discrimination should be
reviewed periodically, or even withdrawn if it is being abused.
8. Please cite the specific promulgation authority for the rules (i.e. department director,
commission, board, etc.).
Michigan Civil Rights Commission, Michigan Constitution, Article V, Section 29
Const. 1963, Art. V, § 29, Eff. Jan. 1, 1964, R 37.1 et seq. and R 37.101 of the Michigan
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).
MCL Chapter 37. Civil Rights
MCL 37 applies to MCDR (1976 PA 453).
Const. 1963, Art. V, § 29, Eff. Jan. 1, 1964
R 37.1 et seq. and R 37.101 of the Michigan Administrative Code.
“…Following are the portions of the Revised Constitution of the State of Michigan, approved by
the people on April 1, 1963, which pertain specifically to civil rights and to the creation of the
Civil Rights Commission…
“…Article V Executive Branch. The commission shall have power in accordance with the
provisions of the constitution and of general laws governing administrative agencies, to
promulgate rules and regulations for its own procedures, to hold hearings, administer oaths,
through court authorization to require the attendance of witnesses and the submission of records,
to take testimony and to issue appropriate orders. The commission shall have other powers
provided by law to carry out its purposes. Nothing contained in this section shall be construed to
diminish the right of any party to direct and immediate legal or equitable remedies in the courts of
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please
No. The MCRC's authority to promulgate rules is permissive pursuant to Mich. Comp. Laws §
37.2101 MCL 37.2101 to 37.2804.
1976, Act 453, Eff. Mar. 31, 1977 ;--Am. 1977, Act 162, Imd. Eff. Nov. 8, 1977
9. Please describe the extent to which the rules conflict with or duplicate similar rules,
compliance requirements, or other standards adopted at the state, regional, or federal level.