September 10, 2009, Introduced by Reps. Opsommer, Miller and Lindberg and referred to the Committee on Labor.
A bill to prohibit employers from making certain inquiries in
the hiring process; to prohibit employment decisions based on legal
ownership or use of a firearm 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 firearm ownership 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 an
individual to work at any time during the calendar year or accepts
applications for employment for a position during the calendar
year, or an agent of that individual or entity.
Sec. 5. (1) Except as provided in this section, an employer
shall not do either of the following:
(a) 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 is, or is believed to be, the legal owner of a
firearm.
(b) Ask a firearm-related question during the job interview
process.
(2) The prohibition in subsection (1) does not apply to any of
the following:
(a) Firearm ownership or a question concerning firearm
ownership or use that directly relates to 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) A requirement that is otherwise addressed under state or
federal 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 an 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).