December 16, 2020, Introduced by Reps. Bolden and Pagan and referred to the Committee on Commerce and Tourism.

A bill to prohibit an employer from making certain personal inquiries of employees or applicants for employment; to prohibit discrimination and retaliation for actions to enforce the prohibition on personal inquiries; and to provide remedies.

the people of the state of michigan enact:

Sec. 1. (1) This act shall be known and may be cited as the "employee contraceptive privacy act".

(2) As used in this act, "employer" means a person that has 1 or more employees and includes an agent of that person.

Sec. 2. An employer shall not do any of the following:

(a) Inquire as to an employee's or applicant for employment's use or nonuse of contraceptives.

(b) Discriminate against an employee or applicant for employment for failure to provide information concerning use or nonuse of contraceptives.

(c) Retaliate or discriminate against an employee because the employee has made a charge, filed a complaint, testified, assisted, or participated in an investigation, proceeding, or hearing concerning an alleged violation of this act.

Sec. 3. (1) A person alleging a violation of this act may bring a civil action for appropriate injunctive relief or damages, or both. As used in this subsection, "damages" means damages for injury or loss caused by each violation of this act, including reasonable attorney fees.

(2) An action commenced pursuant to subsection (1) may be brought in the circuit court for the county where the alleged violation occurred or for the county where the individual or entity against whom the civil complaint is filed resides or has its principal place of business.

Enacting section 1. This act takes effect 90 days after the date it is enacted into law.