HB 4475 Summary (Michigan, 2025)
Overview
- Bill: House Bill 4475
- Purpose: Amend the Elliott-Larsen Civil Rights Act to prohibit discrimination based on vaccination status or the possession of an immunity passport, and to add Article 5A with specific definitions and protections related to vaccination status.
- Status and timeline:
- Introduced: March 12, 2025
- May 8, 2025: electronically reproduced; referred to Committee on Government Operations
- Public actions: April 3 (Read first time), April 17 (public hearing and committee activity; left pending)
- Based on updates, the bill moves through standard committee procedures
What the bill seeks to do
- Core intent: Expand civil rights protections to prevent discrimination in state/local government services, employment, education, and related opportunities on the basis of an individual’s vaccination status or possession of an immunity passport.
- Scope includes both public entities and certain private educational institutions (private universities and community colleges), with targeted exceptions described below.
Key provisions and changes
1) Title and Article additions
- Amends the title of 1976 PA 453 (Elliott-Larsen Civil Rights Act) and adds Article 5A to the act.
2) Article 5A — Definitions (Sec. 551)
- Employer: as defined in section 201 of the act.
- Health facility or agency: as defined in section 20106 of the Public Health Code.
- Immunity passport: document, digital record, or software indicating immunity to a disease (via vaccination or recovery).
- Regulated entity: an employer regulated by CMS regarding a vaccine; excludes this state, its political subdivisions, and health facilities/agencies from certain regulated-entity restrictions.
- State or local governmental entity: state, subdivisions, or state agencies (includes public universities or community colleges described in art. VIII).
- Vaccination status: whether an individual has received one or more vaccine doses.
3) Prohibitions and protections (Sec. 552)
- State/local government entities and private universities/colleges:
- Cannot refuse or withhold services, goods, facilities, licenses, educational opportunities, health care access, or employment opportunities based on vaccination status or lack of an immunity passport.
- Cannot require an individual to receive a vaccine.
- Employers:
- Cannot refuse to hire, terminate, or discriminate in compensation or terms/conditions/privileges of employment based on an individual’s vaccination status or lack of an immunity passport.
4) Exceptions and limitations (Sec. 552(3))
- Explicit exceptions include:
- Child care organizations (as defined by statute).
- Regulated entities if compliance would conflict with CMS or CDC requirements.
- Pre-existing contracts where application would substantially impair the contract and the contract is not employee-employer.
- Federal contractors (and employees of federal contractors).
- Employers or governmental entities vaccinating employees who have direct exposure to infectious materials or work in public health/medical settings where vaccination is required for duties.
- Situations where vaccination requirements are tied to an employee’s duties or externally imposed requirements outside the employer’s control.
- Note: The bill does not ban vaccination recommendations; it allows employers or governments to recommend vaccines.
Who is affected
- Employers (private sector) and their employees.
- State and local governmental entities.
- Private universities and community colleges (not-for-profit or for-profit institutions).
- Health facilities or agencies and regulated entities under CMS/CDC oversight may face constraints where compliance intersects with federal requirements.
Procedural and timeline notes
- Filings and committee activity:
- Filed March 12, 2025.
- Read first time April 3, 2025; referred to Government Operations.
- Public hearing and committee activity on April 17, 2025; left pending in committee.
- May 8, 2025: bill electronically reproduced and introduced by specified Representatives.
- Practical effect: Pending committee action will determine advancement toward floor consideration and potential amendments.
Potential impact and considerations
- Civil rights expansion: Broad protection against discrimination based on vaccination status, aligning with non-discrimination principles in public services, employment, and education.
- Vaccination policy constraints: Limits on mandatory vaccination schemes by employers and government entities; may influence vaccine-requirement practices across public institutions and certain private entities.
- Nuanced exceptions: Balances protections with safety concerns in high-exposure settings or federally regulated contexts.
- Interaction with federal law: Several carve-outs reference federal contracting and CMS/CDC rules, signaling potential interface with federal requirements.
Notes for readers
- Definitions and protections hinge on Article 5A (Sec. 551-552) and the broadened title changes to the Elliott-Larsen Civil Rights Act.
- The bill’s practical effect awaits committee action and potential amendments.
