April 26, 2007, Introduced by Senators BASHAM, WHITMER, SCHAUER, OLSHOVE, ANDERSON, GLEASON, SCOTT, CLARK-COLEMAN, THOMAS, JACOBS, CLARKE and BRATER and referred to the Committee on Commerce and Tourism.
A bill to prohibit employers from making employment decisions
based upon membership in certain groups that is unrelated to
employment; to prohibit retaliation; and to provide remedies.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"employee associational rights protection act".
Sec. 3. As used in this act:
(a) "Employee" means an individual who receives compensation
for performing services for an employer under an express or implied
contract of hire.
(b) "Employer" means an individual or entity that permits 1 or
more individuals to work, accepts applications for employment, or
is an agent of an employer.
Sec. 5. (1) Except as provided in this section, an employer
shall not fail or refuse to hire or recruit, discharge, or
otherwise discriminate against an individual with respect to
employment, compensation, or a term, condition, or privilege of
employment because the individual is, is about to become, or is
regarded as being a member of an organization or advocacy group
that is organized for lawful purposes.
(2) The prohibition in subsection (1) does not apply to any of
the following:
(a) Membership in an organization or advocacy group organized
for purposes that substantially conflict with the core mission of
the employer.
(b) Membership in an organization or advocacy group if that
membership would violate a written bona fide conflict of interest
policy that has been disseminated to employees.
(c) Membership in an organization or advocacy group that is
prohibited under state or federal law, regulation, or rule
regulating the particular type of employment.
Sec. 7. A person shall not retaliate or discriminate against a
person because the person has done or was about to do any of the
following:
(a) File a complaint under this act.
(b) Testify, assist, or participate in an investigation,
proceeding, or action concerning a violation of this act.
(c) Oppose a violation of this act.
Sec. 9. An employer shall not require an applicant for
employment or employee to waive any right under this act. An
agreement by an applicant or employee to waive any right under this
act is invalid and unenforceable.
Sec. 11. (1) A person who is injured by a violation of this
act may bring a civil suit in a court of competent jurisdiction to
obtain injunctive relief and damages.
(2) The court shall award costs and reasonable attorney fees
to a person who prevails as a plaintiff in a suit authorized under
subsection (1).