May 4, 2006, Introduced by Senators PRUSI, BRATER, OLSHOVE, CHERRY, SWITALSKI, WHITMER, LELAND, JACOBS, SCHAUER, BARCIA and EMERSON and referred to the Committee on Commerce and Labor.
A bill to prohibit employers from discriminating against
employees based upon dietary and personal habits that are unrelated
to employment; to prohibit retaliation; 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 dietary and smoking rights 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 1 or
more individuals to work, or that accepts applications for
employment, or is an agent of an employer.
Sec. 5. (1) Except as provided in this section, an employer
shall not 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 individual consumes certain foods or drinks
or because the individual smokes.
(2) The prohibition in subsection (1) does not apply to any of
the following:
(a) Consuming foods or drinks or smoking that directly impairs
an established bona fide occupational requirement or an employment
activity or responsibility of the employee.
(b) Consuming foods or drinks or smoking on or in property
that the employer owns or leases, if the eating, drinking, or
smoking violates an established company policy.
(c) Consuming foods or drinks or smoking that is prohibited or
regulated under state or federal law, regulation, or rule if the
employee's action is not in accord with the 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 or 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).