Bill Summary – FastDemocracy

Legislative Analysis
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INFORMED CONSENT IN THE WORKPLACE ACT
                                                                             http://www.house.mi.gov/hfa
House Bill 4471 as introduced                                                Analysis available at
Sponsor: Rep. Sue Allor                                                      http://www.legislature.mi.gov
1st Committee: Commerce and Tourism
2nd Committee: Workforce, Trades, and Talent
Complete to 8-18-21
SUMMARY:
        House Bill 4471 would create a new act, the Informed Consent in the Workplace Act, to
        prohibit discrimination against an employee or volunteer who declines or has not received
        certain vaccinations, including for COVID-19. An employer also could not require the
        employee or volunteer to wear a mask in the workplace or disclose to the public that the
        employee or volunteer has declined or not received a vaccination.
        Specifically, under the new act, an employer could not do any of the following:
           • Discharge, fail or refuse to hire or recruit, or otherwise discriminate against a qualified
                individual with regard to employment, compensation, or a term, condition, or privilege
                of employment (or threaten to do so) because the individual declines or has not received
                a specified vaccination.
           • Require a qualified individual who declines or has not received a specified vaccination
                to do either of the following:
                    o Wear a surgical face mask as a consequence of declining or not receiving a
                        specified vaccination.
                    o Display on the qualified individual’s person a mark that distinguishes him or
                        her from others who received or did not decline a specified vaccination.
           • Disclose to the public that the qualified individual has declined or not received a
                specified vaccination.
           • Retaliate or discriminate against a person because the person has done or is about to do
                any of the following:
                    o File a complaint under this act.
                    o Testify, assist, or participate in an investigation, proceeding, or action
                        concerning a violation of this act.
                    o Oppose a violation of this act.
                Employer would mean an individual, corporation, partnership, firm, limited liability
                company, organization, association, governmental entity (including the state and its
                political subdivisions), or other legal entity that allows one or more qualified
                individuals to work for the employer, accepts applications for employment, or is an
                agent of an employer.
                Qualified individual would mean an individual who performs services, with or without
                compensation, for an employer.
                Specified vaccination would mean any of the following:
                   • A flu vaccination.
House Fiscal Agency                                                                           Page 1 of 2
                      •   A tetanus, diphtheria, and pertussis (Tdap) vaccination.
                      •   A COVID-19 vaccination.
        An employer offering a specified vaccination to its qualified individuals would have to inform
        them, in writing, of their rights under the act. A qualified individual could decline, in writing,
        a specified vaccination offered by his or her employer. He or she would not have to state the
        reason for declining, and the employer could not ask.
        An employer could not require an applicant or qualified individual to waive any right under
        the act. An agreement to do so would be invalid.
        A person aggrieved by a violation of the act could bring a civil action in a court of competent
        jurisdiction to obtain injunctive relief and damages. A court would have to award costs and
        reasonable attorney fees, and could award treble damages, to a person prevailing as a plaintiff
        in such an action.
        The bill would apply to a collective bargaining agreement entered into, renewed, or extended
        on or after the bill’s effective date.
        The bill would take effect 90 days after its enactment.
FISCAL IMPACT:
        House Bill 4471 would have an indeterminate fiscal impact on local court funding units. Costs
        would be incurred depending on how provisions of the bill affected caseloads in courts and the
        related administrative costs. It is difficult to project the actual impact due to variables such as
        judicial discretion and case types.
                                                            Legislative Analyst: Rick Yuille
                                                                 Fiscal Analyst: Robin Risko
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations, and does not constitute an official statement of legislative intent.
House Fiscal Agency                                                     HB 4471 as introduced   Page 2 of 2