Bill Text: MI HB4791 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Civil rights: employment discrimination; discrimination in employment based on certain vaccination status; prohibit. Creates new act.
Spectrum: Strong Partisan Bill (Republican 10-1)
Status: (Introduced - Dead) 2021-05-06 - Bill Electronically Reproduced 05/05/2021 [HB4791 Detail]
Download: Michigan-2021-HB4791-Introduced.html
HOUSE BILL NO. 4791
A bill to prohibit employment discrimination based on vaccination or immunity status; 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 "prohibition of employment-related vaccine passports act".
(a) "Employee" means any individual who performs services, with or without compensation, for an employer.
(b) "Employer" means a person that has 1 or more employees, accepts applications for employment, or is an agent of that person. Employer includes this state or a political subdivision of this state.
(c) "Person" means an individual, corporation, limited liability company, partnership, firm, organization, association, governmental entity, or other legal entity.
Sec. 5. Except as otherwise provided by a law of this state or the United States, an employer shall not require or coerce, directly or indirectly, any employee or applicant for employment to disclose his or her vaccination or immunity status, including, but not limited to, vaccination or immunity status for COVID-19. Actions prohibited by this section include, but are not limited to, any of the following:
(a) Discharging, failing or refusing to hire or recruit, or otherwise discriminating against an employee or applicant for employment with respect to employment, compensation, or a term, condition, or privilege of employment, or threatening to do any of these things, on the basis of the employee's or applicant's vaccination or immunity status or his or her nonreceipt of any vaccine, including the COVID-19 vaccine, or failure to possess any form of immunity passport, immunity pass, or other evidence certifying vaccination or immunity status.
(b) Limiting, segregating, or classifying an employee or applicant for employment in a way that deprives or tends to deprive the employee or applicant of an employment opportunity, or otherwise adversely affects the status of an employee or applicant, on the basis of his or her vaccination or immunity status or his or her nonreceipt of any vaccine, including the COVID-19 vaccine, or failure to possess any form of immunity passport, immunity pass, or other evidence certifying vaccination or immunity status.
Sec. 7. (1) An individual may bring a civil action against an employer that violates this act to recover damages as follows:
(a) If there is no previous judgment for a violation of this act against the employer, $1,000.00.
(b) If there is 1 previous judgment for a violation of this act against the employer, $10,000.00.
(c) If there are 2 previous judgments for a violation of this act against the employer, $100,000.00.
(d) If there are 3 or more previous judgments for a violation of this act against the employer, $1,000,000.00.
(2) In an action under subsection (1), the court shall award reasonable attorney fees to an individual who prevails against an employer.
