Bill Text: MI HB4218 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Civil rights: employment discrimination; discrimination in employment based on certain vaccination status; prohibit. Amends 1976 PA 453 (MCL 37.2101 - 37.2804) by adding art. 5A.
Spectrum: Partisan Bill (Republican 17-0)
Status: (Introduced) 2023-03-09 - Bill Electronically Reproduced 03/18/2023 [HB4218 Detail]
Download: Michigan-2023-HB4218-Introduced.html
HOUSE BILL NO. 4218
A bill to amend 1976 PA 453, entitled
"Elliott-Larsen civil rights act,"
(MCL 37.2101 to 37.2804) by adding article 5A.
the people of the state of michigan enact:
Article 5A
Sec. 551. As used in this article:
(a) "Employer" means that term as defined in section 201.
(b) "Health facility or agency" means that term as defined in section 20106 of the public health code, 1978 PA 368, MCL 333.20106.
(c) "Immunity passport" means a document, digital record, or software application indicating that an individual is immune to a disease, either through vaccination or infection and recovery.
(d) "Place of public accommodation" and "public service" mean those terms as defined in section 301.
(e) "State or local governmental entity" means this state or a political subdivision of this state or an agency of this state, as described in section 103(g), and includes a public university or community college described in section 5, 6, or 7 of article VIII of the state constitution of 1963.
(f) "Vaccination status" means an indication of whether an individual has received 1 or more doses of a vaccine.
Sec. 552. (1) Subject to subsections (4) to (6), it is an unlawful discriminatory practice for a state or local governmental entity to refuse, withhold from, or deny to an individual any state or local services, goods, facilities, advantages, privileges, licensing, educational opportunities, health care access, or employment opportunities because of the individual's vaccination status or because the individual lacks an immunity passport.
(2) Subject to subsections (4) to (6), it is an unlawful discriminatory practice for an employer to do any of the following:
(a) 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 of the individual's vaccination status or because the individual lacks an immunity passport.
(b) Limit, segregate, or classify an employee or applicant for employment in a way that deprives or tends to deprive the employee or applicant of an employment opportunity, or otherwise adversely affects the status of an employee or applicant, because of the employee's or applicant's vaccination status or because the employee or applicant lacks an immunity passport.
(3) Subject to subsections (4) to (6), it is an unlawful discriminatory practice for a person to do any of the following:
(a) Deny an individual the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation or public service because of the individual's vaccination status or because the individual lacks an immunity passport.
(b) Print, circulate, post, mail, or otherwise cause to be published a statement, advertisement, notice, or sign indicating that the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation or public service will be refused, withheld from, or denied an individual because of the individual's vaccination status or because the individual lacks an immunity passport, or that an individual's patronage of or presence at a place of public accommodation is objectionable, unwelcome, unacceptable, or undesirable because of the individual's vaccination status or because the individual lacks an immunity passport.
(4) This section does not apply to any of the following:
(a) Vaccination requirements for registering a child for school or in a program of group residence, care, or camping under part 92 of article 9 of the public health code, 1978 PA 368, MCL 333.9201 to 333.9229, or section 1177 of the revised school code, 1976 PA 451, MCL 380.1177.
(b) The development and use of medical passports described in section 4c of the foster care and adoption services act, 1994 PA 203, MCL 722.954c.
(c) Documentation of the vaccination status of individuals who perform tattooing, branding, or body piercing at body art facilities, as described in section 13107 of the public health code, 1978 PA 368, MCL 333.13107.
(5) It is not an unlawful discriminatory practice for a person, state or local governmental entity, or employer to recommend that an employee receive a vaccine.
(6) A health facility or agency does not unlawfully discriminate under this section if it complies with both of the following:
(a) Asks an employee to volunteer the employee's vaccination or immunization status for the purpose of determining whether the health facility or agency should implement reasonable accommodation measures to protect the safety and health of employees, patients, visitors, and others from communicable diseases. A health facility or agency may consider an employee to be nonvaccinated or nonimmune if the employee declines to provide the employee's vaccination or immunization status to the health facility or agency for purposes of determining whether reasonable accommodation measures should be implemented.
(b) Implements reasonable accommodation measures for employees, patients, visitors, and others who are not vaccinated or not immune to protect the safety and health of employees, patients, visitors, and others from communicable diseases.
Sec. 553. An individual may not be required to receive any vaccine whose use is allowed under an emergency use authorization or any vaccine undergoing safety trials.
