Bill Text: MI HB5281 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Labor; fair employment practices; prohibition from firing or disciplining an employee or student for conscientious objection to counseling against principles; implement. Creates new act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2009-09-02 - Printed Bill Filed 08/27/2009 [HB5281 Detail]
Download: Michigan-2009-HB5281-Introduced.html
HOUSE BILL No. 5281
August 26, 2009, Introduced by Rep. Haveman and referred to the Committee on Judiciary.
A bill to protect the right of an employee or student to
assert conscientious objection to certain counseling; to prohibit
certain actions by employers and institutions of higher education;
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 "Julea
Ward freedom of conscience act".
Sec. 3. As used in this act:
(a) "Damages" means damages for injury or loss caused by each
violation of this act, including reasonable attorney fees.
(b) "Employer" means a person who has 10 or more employees.
Sec. 5. An employer shall not discharge, threaten, or
otherwise discriminate against an employee regarding the employee's
compensation, terms, conditions, location, or privileges of
employment because an employee who provides counseling services
refuses to counsel a client as to goals that conflict with a
sincerely held religious belief or moral conviction of the
employee, if the employee refers the client to a counselor who will
provide the counseling.
Sec. 7. A public or private degree or certificate granting
college, university, junior college, or community college of this
state shall not discipline or discriminate against a student in a
counseling program because the student refuses to counsel a client
as to goals that conflict with a sincerely held religious belief or
moral conviction of the student, if the student refers the client
to a counselor who will provide the counseling.
Sec. 9. (1) An employee or student who alleges a violation of
this act may bring a civil action for appropriate injunctive
relief, or actual damages, or both within 90 days after the
occurrence of the alleged violation of this act.
(2) An action commenced under subsection (1) may be brought in
the circuit court for the county where the alleged violation
occurred, the county where the complainant resides, the county
where the employer against whom the civil complaint is filed
resides or has his or her principal place of business, or the
county where the educational institution is located.
