December 4, 2007, Introduced by Reps. Agema, Casperson, Pearce, Rick Jones, Stakoe and Calley 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 if the employer retains an employee that is an
alien who is not authorized to work in the United States. A person
who is authorized to work in the United States and who is
discharged in violation of this subsection may bring a civil action
against the employer in the circuit court of this state 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 employee was authorized to work in the
United States, even if the determination is ultimately proved
erroneous.