HOUSE BILL NO. 4455
A bill to establish the right of an employee to pursue employment free from religious or political indoctrination; to limit employment actions based on attendance at, or receptivity to, employer-selected religious or political programs or communications; to prohibit retaliation for reporting or pursuing a remedy for a suspected violation of this act; and to provide remedies.
the people of the state of michigan enact:
Sec. 1. This act may be cited as the "worker freedom act".
(a) "Employee" means an individual engaged in service to and in the business of an employer for wages or other remuneration. Employee includes, but is not limited to, a research assistant, research fellow, teaching assistant, teaching fellow, postdoctoral associate, postdoctoral fellow, and medical intern or medical resident.
(b) "Employer" means a person that employs 1 or more employees. Employer includes an agent, designee, or representative of the employer, this state, or a political subdivision of this state.
(c) "Labor organization" means an organization that exists, in whole or in part, for the purpose of doing any of the following:
(i) Collective bargaining.
(ii) Dealing with employers concerning grievances or terms or conditions of employment.
(iii) Mutual aid or protection in connection with employment.
(d) "Political matters" means matters that relate to elections for political office, political parties, proposals to change legislation, proposals to change regulations, proposals to change public policy, or the decision to join or support any political party or political, civic, community, fraternal, or labor organization.
(e) "Religious matters" means matters that relate to religious belief, affiliation, or practice, or the decision to join or support any religious organization or association.
Sec. 5. An employer shall not take any adverse employment action against an employee; discharge, discipline, or otherwise penalize an employee; or threaten to discharge, discipline, or otherwise penalize an employee for any of the following reasons:
(a) Because the employee declines to attend or participate in an employer-sponsored meeting or declines to receive or listen to a communication from the employer if the purpose of the meeting or communication is to communicate the opinion of the employer about religious or political matters.
(b) To induce the employee into attending or participating in an employer-sponsored meeting or into receiving or listening to communications from the employer that communicate the opinion of the employer about religious or political matters.
(c) Because the employee, or a person acting on behalf of the employee, makes a good-faith report, orally or in writing, of a violation or a suspected violation of this act.
Sec. 7. (1) An employee aggrieved by a violation of this act may bring a civil action to enforce this act not later than 90 days after the date of the alleged violation in the circuit court of the county where the alleged violation occurred or where the principal office of the employee's employer is located. The court may award a prevailing employee all appropriate relief, which may include, but is not limited to, injunctive relief, reinstatement to the employee's former job position or an equivalent job position, back pay, and reestablishment of any employee benefits, including seniority, to which the employee would otherwise have been eligible if the violation did not occur. The court shall award a prevailing employee reasonable attorney fees and costs.
(2) Not more than 30 days after the effective date of this act, an employer shall post and keep posted in a place where employee notices are customarily posted by the employer a notice of an employee's rights under this section.
Sec. 9. This act does not do any of the following:
(a) Prohibit the communication of information that the employer is required by law to communicate, but only to the extent that is required by law.
(b) Limit the rights of an employer to conduct a meeting or engage in a communication that involves religious or political matters if attendance at the meeting or receipt of or listening to the communication is voluntary.
(c) Limit the rights of an employer to communicate to the employer's employees any information that is necessary for the employees to perform the employees' job duties.
Sec. 11. This act provides an alternative cause of action to any remedy that may exist under law. This act does not limit an employee's right to bring a common law cause of action for wrongful termination or diminish or impair the rights under a collective bargaining agreement.