May 4, 2006, Introduced by Senators WHITMER, CHERRY, SWITALSKI, OLSHOVE, JACOBS, BARCIA, BRATER, PRUSI, SCHAUER, EMERSON and LELAND and referred to the Committee on Commerce and Labor.
A bill to prohibit employers from making employment decisions
based upon certain physical characteristics or fitness; 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
"respect for physical differences 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 of the individual's body type, degree of
physical fitness, or other physical characteristic.
(2) The prohibition in subsection (1) does not apply to a body
type, degree of physical fitness, or other physical characteristic
that is an established, bona fide occupational requirement or that
impairs an employment activity or responsibility of a particular
employee or a particular group of an employer's employees. The
employer bears the burden of establishing that the body type,
degree of physical fitness, or other physical characteristic is
reasonably necessary to the position, group, or occupation.
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 or damages, or both.
(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).