Michigan 2025-2026 Regular Session

Michigan House Bill HB4438

Introduced
5/6/25  

Caption

Labor: fair employment practices; employer taking adverse employment action against an employee who raises concern over infection control; prohibit. Creates new act.

Impact

The passage of HB4438 is expected to enhance employee rights within Michigan by providing a legal framework for combating retaliation in the workplace. By allowing employees to seek injunctive relief and damages for violations, this legislation empowers individuals to speak out without fear of losing their jobs or facing other forms of retaliation. The law also clarifies the definitions of retaliatory actions and damages, aiming to ensure that employees have comprehensive protection under state law. This could lead to increased workplace transparency regarding health and safety concerns.

Summary

House Bill 4438 is a significant piece of legislation aimed at protecting employees from retaliation when they raise concerns about their employer's management of communicable diseases. Specifically, the bill prohibits employers from taking adverse employment actions against employees who criticize or express concerns about infection control practices. This includes protections for raising such concerns to the employer, other employees, governmental agencies, or even the public through platforms like social media. The focus is on ensuring a safe work environment during times when public health may be at risk due to communicable diseases.

Contention

Though HB4438 presents a progressive step towards protecting workplace rights, some may argue against its implications for employer discretion. Critics might express concern that the broad definition of retaliation could lead to unintended consequences, such as creating a more adversarial relationship between employees and management. Employers may worry about potential abuse of the law, where employees could misuse the threat of retaliation claims to shield themselves from performance-related criticisms. This contention highlights the need for ongoing dialogue to balance employee protections with employers' rights to manage their workplaces effectively.

Companion Bills

No companion bills found.

Previously Filed As

MI HB5890

Labor: fair employment practices; severance pay for certain employees who are laid off; require employers to pay for relocations and mass layoffs. Creates new act.

MI HB4240

Labor: fair employment practices; job applicant's credit history; prohibit an employer from inquiring about. Creates new act.

MI HB4034

Labor: fair employment practices; labor service agencies; regulate. Creates new act.

MI HB5905

Labor: fair employment practices; absence from work to respond to an emergency as an emergency responder; protect from adverse employment action. Creates new act.

MI SB0994

Labor: fair employment practices; employee who is or who intends to become a candidate for public office; prohibit an employer from discharging the employee based on. Creates new act.

MI HB6238

Labor: discrimination; employees who are victims of certain crimes; prohibit employers from discriminating against because of. Creates new act.

MI HB4399

Labor: fair employment practices; certain noncompete agreements; prohibit employers from requiring employees to enter into unless certain conditions are met. Amends sec. 4a of 1984 PA 274 (MCL 445.774a).

MI HB5623

Labor: fair employment practices; certain employment discrimination information; require employers to post. Amends sec. 602 of 1976 PA 453 (MCL 37.2602) & adds sec. 202b.

MI HB4233

Labor: public service employment; labor organizations' assistance in collecting dues from public school employees; remove prohibition against. Amends sec. 10 of 1947 PA 336 (MCL 423.210).

MI HB5625

Labor: fair employment practices; requirements to obtain a fair paycheck workplace certificate; provide for. Creates new act.

Similar Bills

No similar bills found.