Is your life your own? Or do you live for the benefit of your employer?
LANSING, Mich. (AP) — Senate Democrats are again pushing for measures that would protect workers from getting fired — or not being hired — for what they do on their own time as long as it's legal.
New legislation to be introduced Tuesday would specifically prohibit employers from basing employment decisions on credit history, gun ownership, political affiliation, body type, health, smoking or eating habits and other factors.
The legislation is designed to broaden a bill first introduced a year ago in response to four workers losing their jobs at a suburban Lansing business because they didn't quit smoking outside of work.
Okemos-based Weyco Inc., a health benefits administrator, instituted a policy that makes it a firing offense to smoke — even off the company's premises on employees' own time. The policy had been announced in late 2003.
The 2005 bill — which would bar employment decisions based on off-duty conduct — has both Democratic and some Republican co-sponsors, but hasn't gotten a hearing or vote in the GOP-controlled Senate.
Ari Adler, spokesman for Senate Majority Leader Ken Sikkema, R-Wyoming, said he wants to find out if there's a legitimate problem that should be addressed. Sikkema also is concerned the legislation could send an unfriendly message to job providers at a time the state is struggling economically, Adler said.
Since this was introduced a year ago, what's the hold up?
But first, before we even investigate, here it is again- the "jobs" card, Ken's default answer to every issue. We can't pay people a decent wage because it might cost jobs. We can't follow worker safety rules because it might cost jobs. We can't hold businesses to environmental standards because it might cost jobs.
Whenever there is an issue between labor and management, you can count on the Republicans to side with your boss.
The new bills would expand prohibitions to include not just decisions based on off-duty conduct but also a worker's status or circumstance — such as being a single mother or having a bad credit report.
Democrats said discrimination based on off-duty activities is widespread but acknowledged their evidence is anecdotal. They cited the Weyco case and examples in other states where a woman was fired for putting a political bumper sticker on her car and a man lost his job at a Budweiser distributor after drinking a Coors beer after work.
While lawmakers and other supporters said they couldn't provide exact numbers on the extent of the problem, some Michigan plaintiffs' lawyers said they get dozens of complaints a week.
When it comes to protecting worker's rights, Michigan is in the minority.
Jeremy Gruber, legal director of the National Workrights Institute, a Princeton, N.J.-based advocacy group, said 30 states have laws protecting conduct outside of the office.
The legislation also gives employers a wide opening, as long as they have a mission statement.
The legislation includes exceptions for an employer to act against workers if their activities interfere with a bona fide job requirement or violate the company's "fundamental mission." A political party, for example, could fire an employee who turns out to be a member of another political party.
My guess is this won't get a hearing. Surprise me, kids.