Bill Text: MI SB0073 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Labor; fair employment practices; prohibition against employment decisions based on the health or illness of an employee's family member; provide for. Creates new act.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2011-01-26 - Referred To Committee On Economic Development [SB0073 Detail]

Download: Michigan-2011-SB0073-Introduced.html

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SENATE BILL No. 73

 

 

January 26, 2011, Introduced by Senators ANDERSON, BIEDA, GREGORY, JOHNSON, YOUNG and HOPGOOD and referred to the Committee on Economic Development.

 

 

 

     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, 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).