July 23, 2008, Introduced by Rep. Ebli and referred to the Committee on Oversight and Investigations.
A bill to amend 1976 PA 453, entitled
"Elliott-Larsen civil rights act,"
(MCL 37.2101 to 37.2804) by adding section 212.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 212. (1) An employer shall not discharge without cause or
lay off an employee who is not an unauthorized alien if the
employer retains or replaces the employee with an employee who is
an unauthorized alien. A person who is discharged in violation of
this subsection may bring a civil action against the employer in
the circuit court for injunctive relief, damages, or both. The
court shall award reasonable attorney fees to a plaintiff who
prevails in an action under this section.
(2) Except as provided in subsection (3), this article does
not provide a defense to a claim for lost wages, reinstatement, or
other equitable relief by an employee who is discharged or laid off
in violation of subsection (1).
(3) It is a defense to a claim under subsection (1) that the
employer used a bona fide electronic verification system to
determine that the retained or replacement employee was not an
unauthorized alien, even if the determination is ultimately proved
erroneous.
(4) For purposes of this section, "unauthorized alien" means
with respect to the employment of an alien at a particular time,
that the alien is not at that time either of the following:
(a) An alien lawfully admitted for permanent residence in the
United States.
(b) An alien authorized to be employed in the United States
under federal law.