HB 4289 – Summary of Provisions and Impacts
Overview and purpose
- House Bill 4289 would amend the Elliott-Larsen Civil Rights Act (1976 PA 453) by adding a new Section 202b and amending Section 602.
- The central aim is to increase awareness of equal pay and anti-discrimination protections in Michigan workplaces and establish a formal posting and enforcement framework.
- The bill targets employers with 2 or more employees in Michigan and creates requirements for public posting of wage-discrimination information, as well as enhanced enforcement capabilities for the Michigan Department of Civil Rights.
Key provisions
1) New Section 202b: Employee notice posting requirement
- Applicability: Applies to employers employing 2 or more individuals at any time during a calendar year in Michigan.
- Posting obligation: Employers must inform employees and post a notice at the work site in a conspicuous place.
- Notice content (must include all of the following):
a) Federal law statement: It is illegal to pay different wages for the same work based on race, color, religion, sex, national origin, age, genetic information, or disability.
b) State law statement: It is illegal to pay different wages for the same work based on religion, race, color, national origin, age, sex, sexual orientation, gender identity or expression, height, weight, or marital status.
c) Rights contact: An employee who believes a violation has occurred may contact the Michigan Department of Civil Rights.
d) Contact information: The department’s telephone line required under section 602(g) and the website required under section 602(h).
- Form and updates: The notice must be in a form approved by the Department of Civil Rights, which may add other information about employee rights.
- Penalty for noncompliance: Violating this posting requirement may result in a civil fine of up to $100.
2) Section 602 – Department of Civil Rights powers and duties (reflected and updated by the bill)
- Governance: The department reports to the executive director and executes commission policies; the attorney general represents the department if needed.
- Investigations and enforcement: The department can receive, initiate, investigate, conciliate, adjust, dispose of, and issue charges in complaints; it can approve or disapprove corrective plans for past discriminatory practices.
- Anonymity: When investigating alleged violations under Article 2, procedures should protect the anonymity of individuals who allege violations or assist in investigations to the greatest extent reasonably possible.
- Discovery and hearing tools: The department may require interrogatories, submission of records, attendance of witnesses, administer oaths, take testimony, and compel compliance with orders.
- Interagency and contractor oversight: The department can cooperate with other agencies and monitor contracts to ensure compliance with covenants under section 209.
- Reporting channels: The department must maintain (a) a toll-free or dedicated phone line for reporting violations (anonymous reporting) and (b) a public website with information about rights, an easy electronic reporting form, and visible contact information for the reporting line.
- Implementation: The department may contract with other entities and entities of other states or the federal government as needed.
Enforcement, penalties, and implementation timeline
- Penalty: Civil fines for posting violations (Section 202b) up to $100.
- Effective date: The act (if enacted) would take effect 90 days after enactment.
Affected parties
- Employers with 2+ employees in Michigan: required to post the notice and ensure compliance.
- Employees: gain clearer information about wage discrimination protections and how to report suspected violations.
- Michigan Department of Civil Rights: gains expanded authority and processes to receive, investigate, and resolve complaints, plus new posting-related enforcement mechanics.
Legislative status and timeline
- Introduced: March 11, 2025.
- electronically reproduced: March 25, 2025.
- Referred to: Committee on Economic Competitiveness.
- First-reading actions observed: April 1, 2025 (other committee references noted in actions).
Notes
- The bill integrates informational posting with existing wage discrimination protections and creates a standardized avenue for reporting via a department-run line and website.
- If enacted, employers should prepare or update notices in consultation with the department to ensure form approval and compliance.
