April 26, 2007, Introduced by Senators JACOBS, GLEASON, SWITALSKI, CLARK-COLEMAN, HUNTER, ANDERSON, PRUSI, BRATER, SCOTT, OLSHOVE, CHERRY, CLARKE, THOMAS, SCHAUER, BARCIA, BASHAM and WHITMER and referred to the Committee on Commerce and Tourism.
A bill to prohibit employers from making employment decisions
based upon certain conduct that is unrelated to employment; 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 privacy protection 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, or that accepts applications for
employment, or is an agent of an employer.
Sec. 5. (1) Except as provided in this section, an employer
shall not 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 the employee engages in, or is regarded as
engaging in, a lawful activity that is both off the employer's
premises and during nonwork hours.
(2) The prohibition in subsection (1) does not apply to any of
the following:
(a) An activity that directly impairs an established bona fide
occupational requirement or an employment activity or
responsibility of a particular employee or a particular group of an
employer's employees.
(b) An activity that creates a substantial conflict of
interest with the core mission of the employer or violates a
written bona fide conflict of interest policy that has been
disseminated to employees.
(c) An activity that involves use of property that the
employer owns or leases in violation of an established company
policy.
(d) An activity that is addressed under state or federal law,
regulation, or rule regulating the particular type of employment,
if the employee's action is not in accord with the law, regulation,
or rule.
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).