February 25, 2009, Introduced by Reps. Meadows, Bledsoe, Miller, Smith, Bauer and Lindberg and referred to the Committee on Labor.
A bill to establish the right of employees to pursue
employment free from religious and political indoctrination; to
limit employment actions based on attendance at, or receptivity to,
employer-selected political or religious programs or
communications; to prohibit retaliation for reporting or pursuing a
remedy for a suspected violation of the act; and to provide
sanctions and remedies.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"worker freedom act".
Sec. 3. As used in this act:
(a) "Employee" means an individual engaged in service to an
employer in the business of the employer and includes research
assistants, research fellows, teaching assistants, teaching
fellows, postdoctoral associates, postdoctoral fellows, and medical
interns and residents.
(b) "Employer" means an individual or entity engaged in
business that has employees and includes this state and a political
subdivision of this state.
(c) "Labor organization" means an organization that exists for
the purpose, in whole or in part, of collective bargaining; dealing
with employers concerning grievances or terms or conditions of
employment; or mutual aid or protection in connection with
employment.
(d) "Political matters" includes political party affiliation
or the decision to join or not join any lawful political, social,
or community group or activity or any labor organization.
Sec. 5. Except as necessary to comply with another law or as
provided in section 13, an employer or an employer's agent,
representative, or designee shall not require its employee to
attend an employer-sponsored meeting or participate in any
communication with the employer or its agent or representative if
the primary purpose is to communicate the employer's opinion about
religious or political matters.
Sec. 7. (1) An employer or an employer's agent,
representative, or designee shall not discharge, discipline, or
otherwise penalize, or threaten to discharge, discipline, or
otherwise penalize, an employee because the employee or a person
acting on behalf of the employee does any of the following:
(a) Makes a written or oral good faith report of a violation
or a suspected violation of this act.
(b) Brings an action to enforce this act.
(c) Cooperates in an investigation or proceeding for
enforcement of this act.
(2) The prohibition in this section does not apply if the
employee knows that the report or the information on which the
action or investigation is based is false.
Sec. 9. An aggrieved employee may bring a civil action to
enforce the provisions of this act. The action shall be brought not
more than 1 year after the date of the last alleged violation. The
court shall award damages and equitable relief, which may include
reinstatement, to fully compensate the employee. The court shall
award a prevailing employee reasonable attorney fees and costs and
may award up to 3 times actual damages as exemplary damages.
Sec. 11. This act provides an alternative cause of action to
any remedy that may exist under other law. It does not limit an
employee's right to bring a common law cause of action for wrongful
termination or diminish or impair rights under a collective
bargaining agreement.
Sec. 13. The prohibitions in this act do not apply to either
of the following:
(a) Meetings or communications of a religious, political, or
labor organization that are directed to its employees.
(b) Lectures or classes required of student instructors that
cover matters that are part of the regular coursework at an
educational institution.