Bill Text: MI HB4208 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Labor; fair employment practices; job applications; prohibit inquiry concerning felony conviction. Creates new act.

Spectrum: Partisan Bill (Democrat 35-0)

Status: (Introduced - Dead) 2015-02-18 - Printed Bill Filed 02/18/2015 [HB4208 Detail]

Download: Michigan-2015-HB4208-Introduced.html

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HOUSE BILL No. 4208

 

February 17, 2015, Introduced by Reps. Durhal, Robinson, Brinks, Dillon, LaVoy, Faris, Townsend, Singh, Phelps, Guerra, Byrd, Cochran, Chang, Hoadley, Garrett, Plawecki, Brunner, Smiley, Talabi, Darany, Greig, Banks, Yanez, Neeley, Irwin, Sarah Roberts, Santana, Gay-Dagnogo, Love, Moss, Pagan, Wittenberg, Kosowski, Zemke and Hovey-Wright and referred to the Committee on Commerce and Trade.

 

     A bill to prohibit certain inquiries in employment

 

applications; 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

 

"employment application fairness act".

 

     Sec. 3. As used in this act:

 

     (a) "Employer" means an individual or entity that permits an

 

individual to work under an express or implied contract of hire,

 

accepts applications for employment, or refers individuals for

 

employment.

 

     (b) "Initial application for employment" means a paper or

 

electronic application used to gather information about job

 

applicants at a preliminary stage before any evaluation or

 

selection has been made as to the applicants.

 

     Sec. 5. An employer shall not make or use an initial

 

application for employment that elicits or attempts to elicit

 

information concerning conviction of a felony. The prohibition in

 

this section does not apply to any of the following:

 

     (a) A background check or any written, electronic, or oral

 

inquiry that takes place after the submission of the initial

 

application for employment.

 

     (b) An inquiry that is necessary to enable an employer to

 

comply with a requirement of state or federal law.

 

     Sec. 7. A person alleging a violation of this act may bring a

 

civil action for appropriate injunctive relief or damages, or both,

 

in the circuit court for the county where the alleged violation

 

occurred or where the person against whom the civil complaint is

 

filed resides or has his or her principal place of business. In

 

addition to damages for injury or loss caused by each violation of

 

this act, the court may award all or a portion of the costs of

 

litigation, including reasonable attorney fees and witness fees, to

 

the complainant in the action.