Bill
HB 6238
HB 6238 bans adverse actions by employers against victims of violent crime or those seeking safety adjustments, and requires notices, enforcement, and private lawsuits.
Status and procedural history
- Introduced in the House Dec. 4, 2024 (Rep. Jimmie Wilson Jr.).
- House passed the substitute (H‑1) and the bill with immediate effect (Dec. 13–18, 2024).
- Transmitted to the next chamber and referred to the Committee on Government Operations; later actions show referral (Jan. 23, 2025) to a joint committee. Current status: under committee review.
Purpose
- Create a new state law prohibiting employers from taking adverse employment actions against employees or applicants because they are (or are perceived to be) victims of a violent crime, because they participate in related legal proceedings, or because they request workplace adjustments for safety.
Key provisions
- Prohibited bases for adverse action: an employer may not take adverse employment action because the individual:
- Is, or is perceived to be, a victim of a violent (assaultive) crime (defined by reference to MCL 770.9a; prior committee materials list many Penal Code sections including assault, homicide, kidnapping, sexual conduct, robbery, terrorism, etc.).
- Attends, participates in, prepares for, or requests leave to attend/prepare for a criminal or civil action regarding such a violent crime affecting the individual or a family member.
- Requests a job adjustment due to being a victim (examples listed below).
- Has a workplace disrupted or threatened by the person who committed the violent crime against the employee or the employee’s family member.
- Definition examples:
- “Employer”: any person employing one or more employees in Michigan.
- “Family member”: spouse, civil-union partner, parent, grandparent, child, grandchild, sibling, relatives by blood/marriage, co‑parent, or relationship equivalent to family.
- “Adjustment” examples: transfer to different location/department, modified schedule, different phone or email, locks on worksite door, changes to safety policies/procedures.
- Employer obligations:
- The Michigan Department of Labor and Economic Opportunity (LEO) director must prepare a summary notice of the law and provide it free to employers.
- Employers must post the notice conspicuously at each worksite and provide it to each employee in a language the employee reads (or otherwise communicate it if not literate).
- Willful failure to post/notify is subject to a civil fine up to $150; fines go to the state General Fund and may be collected by the county prosecutor or attorney general.
- Enforcement and remedies:
- An aggrieved individual has 3 years from the date of violation to either submit a complaint to the LEO director (who will investigate and hold hearings) or file a civil action in circuit court (no administrative exhaustion required).
- Courts may award injunctive relief; equitable relief (e.g., rehiring, reinstatement, promotion); actual damages; and costs including reasonable attorney fees.
- The LEO director is responsible for administering the act and must promulgate implementing rules under the Administrative Procedures Act.
Fiscal and operational impacts
- LEO: indeterminate additional costs to create/distribute notices, investigate complaints, hold hearings, and enforce rules — dependent on complaint volume and distribution method.
- Employers: required to post notices and may need to adopt or modify policies and workplace safety measures to accommodate protected adjustments.
- State/local courts and prosecutors: potential for increased caseloads and associated costs; civil fines (if collected) are modest ($150 max) and deposited to the General Fund.
- Employees/applicants who are victims of violent crimes (or their family members) gain new, enumerated workplace protections and private right of action.
Practical effect
- Employers of any size (1+ employees) must not discriminate, retaliate, or take adverse employment actions for the enumerated reasons and must provide and post the LEO notice. The bill creates both administrative (LEO) and judicial enforcement pathways and provides remedies that include damages and reinstatement.
Compiled from official sources — confirm details with the bill’s official record.
Sign in to ask a question.
