Bill Text: MI HB5067 | 2017-2018 | 99th 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 1-0)

Status: (Introduced - Dead) 2017-10-10 - Bill Electronically Reproduced 10/05/2017 [HB5067 Detail]

Download: Michigan-2017-HB5067-Introduced.html

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HOUSE BILL No. 5067

 

 

October 5, 2017, Introduced by Reps. Durhal, Robinson, Zemke, Gay-Dagnogo, Schor, Hoadley, Faris, Lasinski, Love, Moss, Singh, Guerra, Greig, Phelps, Byrd, Green, Yanez, Pagan, Chang, Garrett, Santana, Dianda, LaGrand, Cochran, Peterson, Elder, Clemente, Hertel, Sabo, Ellison, Hammoud, Sneller, Rabhi, Wittenberg, Brinks, Camilleri, Geiss, Chirkun and Jones 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.

 

     (c) An initial application for employment where felony

 

conviction history is a bona fide hiring factor. Felony conviction

 

history is a bona fide hiring factor for all positions with the

 

following employers:

 

     (i) A state or federally chartered bank, bank holding company,

 

or its affiliate or subsidiary.

 

     (ii) A state or federally chartered savings and loan, savings

 

bank, or credit union or credit union affiliate or subsidiary.

 

     (iii) A person licensed or registered under article 7 of the

 

occupation code, 1980 PA 299, MCL 339.720 to 339.736.

 

     (iv) A person who holds a casino license under the Michigan

 

gaming control and revenue act, 1996 IL 1, MCL 432.201 to 432.226.

 

     (v) A casino operated under the Indian gaming regulatory act,

 

25 USC 2701 to 2721.

 

     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.