September 7, 2011, Introduced by Senators HOOD, YOUNG, GREGORY, JOHNSON, SMITH, HOPGOOD, GLEASON, WHITMER, BIEDA and WARREN and referred to the Committee on Economic Development.
A bill to prohibit discrimination against unemployed
individuals in advertisements for employment; and to provide for
civil fines.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the "fair
consideration of the unemployed act".
Sec. 2. As used in this act, "employer" means a person that
engages the services of 1 or more individuals for compensation.
Sec. 3. (1) An employer or an agent, representative, or
designee of an employer shall not publish by traditional means or
post electronically an employment advertisement that includes any
of the following:
(a) A provision stating or suggesting that current employment
is a job qualification.
(b) A provision stating or suggesting that an application from
a job applicant who is currently unemployed will not be reviewed
and the applicant will not be considered for an interview or be
hired.
(c) A provision stating or suggesting that only applications
for employment from applicants who are currently employed will be
considered or reviewed.
(2) This act does not prohibit either of the following:
(a) Granting a preference in employment decisions to current
employees of the employer.
(b) Requiring previous experience that is relevant to the
employment.
Sec. 4. An employer or an agent, representative, or designee
of an employer that violates this act is responsible for the
following:
(a) For the first violation, a civil fine of not more than
$5,000.00.
(b) For each subsequent violation, a civil fine of not more
than $10,000.00.