March 10, 2009, Introduced by Reps. Miller, Gonzales, Polidori, Leland, Switalski, Liss, Tlaib and Roberts and referred to the Committee on Labor.
A bill to prohibit employers from making employment decisions
based upon certain factors that are unrelated to employment; to
prohibit certain inquiries; 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 family health privacy 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, or that accepts applications for
employment, or is an agent of an employer.
Sec. 5. (1) Except as provided in this section, an employer
shall not do either of the following:
(a) 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 of a known or believed illness or health condition of a
member of an employee's family.
(b) Inquire as to the physical condition or health status of a
member of an employee's family.
(2) The prohibition in subsection (1) does not apply to
prevent any of the following inquiries:
(a) An inquiry to obtain information necessary to verify the
employee's eligibility for use of sick leave.
(b) An inquiry to obtain information necessary to verify the
employee's eligibility for family and medical leave.
(c) An inquiry to obtain information necessary to process an
employee's health coverage claim.
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).