HOUSE BILL NO. 4450

A bill to prohibit employers from making employment decisions based on certain physical characteristics, appearance, or fitness; to prohibit retaliation; and to provide remedies.

the people of the state of michigan enact:

Sec. 1. This act may be cited as the "respect for physical differences act".

Sec. 3. As used in this act:

(a) "Appearance" includes any of the following:

(i) An expression of an individual's gender, sexual orientation, or gender identity.

(ii) A religious or ethnic hairstyle or hair length.

(iii) A religious or ethnic headdress or headwear, including, but not limited to, a veil, hijab, yarmulke, or shtreimel.

(iv) Facial hair.

(v) Clothing style.

(b) "Employee" means an individual who receives compensation for performing services for an employer under an express or implied contract of hire.

(c) "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) Subject to subsection (2), an employer shall not discharge, fail or refuse to hire or recruit, 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, appearance, or other physical characteristic.

(2) The prohibition in subsection (1) does not apply to a body type, degree of physical fitness, appearance, 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 employees. The employer bears the burden of establishing that the body type, degree of physical fitness, appearance, or other physical characteristic is reasonably necessary to the position, group, or occupation.

Sec. 7. A person shall not retaliate or discriminate against another person because the other 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 employee to waive any right under this act. An agreement by an applicant or employee to waive any right under this act is void and unenforceable.

Sec. 11. (1) A person that is injured by a violation of this act may bring a civil action 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 an action authorized under subsection (1).

Sec. 13. This act applies to a collective bargaining agreement or employment agreement entered into, renewed, or extended on or after the effective date of this act.