February 23, 2006, Introduced by Reps. Sheltrown, Vagnozzi, Rocca, Miller, Farrah, Brown, Spade, Moore, Cushingberry, Gosselin, Acciavatti, Lemmons, Jr., Green, Polidori, Stahl and Waters and referred to the Committee on Employment Relations, Training, and Safety.
A bill to prohibit employers from making employment decisions
based upon firearms ownership or licensing that is unrelated to
employment; 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 firearms rights 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, accepts applications for employment, or
is an agent of an employer.
(c) "Firearm" means a weapon from which a dangerous projectile
may be propelled by using explosives, gas, or air as a means of
propulsion.
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 individual is the owner of a firearm or is
licensed to carry a firearm.
(2) The prohibition in subsection (1) does not prohibit an
employer from taking an employment action based on any of the
following:
(a) An activity or status 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 takes place on property that the employer
owns or leases or during the employee's work hours in violation of
an established company policy.
(c) An activity or status that is addressed under state or
federal law, regulation, or rule regulating the particular type of
employment, if the employee's action or status 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 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).