Text of MI HB 4450 (2025)
Labor: fair employment practices; certain physical characteristics of employees; prohibit employers from discriminating based on. Creates new act.
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As introduced
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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.