HOUSE BILL NO. 5215

A bill to prohibit an employer from discriminating against an employee who is or who intends to become a candidate; to provide remedies; and to prescribe civil sanctions.

the people of the state of michigan enact:

Sec. 1. As used in this act:

(a) "Candidate" means that term as defined in section 3 of the Michigan campaign finance act, 1976 PA 388, MCL 169.203.

(b) "Employee" means an individual employed by an employer.

(c) "Employer" means a person that employs 1 or more individuals in this state.

(d) "Person" means an individual or a partnership, corporation, limited liability company, association, governmental entity, or other legal entity.

Sec. 3. An employer shall not discharge, discipline, penalize, or otherwise discriminate against an employee, or threaten to do any of these things, for either of the following reasons:

(a) The employee is a candidate or intends to become a candidate.

(b) The employee engages in an activity related to being or becoming a candidate during nonworking hours.

Sec. 5. An employer that violates this act is subject to a civil fine of not more than $2,000.00. The prosecutor of the county in which the violation occurred or the attorney general may bring an action to collect the fine.

Sec. 7. (1) An employee who is aggrieved by a violation of this act may bring a civil action to obtain damages, including, but not limited to, lost wages, injunctive relief, or both.

(2) The court shall award costs and reasonable attorney fees to an employee who prevails as a plaintiff in an action authorized under this section.

Sec. 9. If a collective bargaining agreement or other employment agreement meets both of the following conditions, this act applies to the parties to the agreement beginning on the date the agreement expires or is terminated, amended, extended, or renewed:

(a) The agreement is in effect on the effective date of this act.

(b) The agreement conflicts with this act.