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Knimrod
02-26-2006, 11:15 PM
Bill would bar employee gun discrimination
Proposal would protect owners of guns from job bias by employers.

February 25. 2006
ERIC FREEDMAN
Capital News Service

LANSING -- Michigan employers would face civil suits if they discriminate against gun-owning workers or job applicants under a new proposal intended to restrict bosses' power over employees' off-the-job activities.

The proposal reflects a concern among some lawmakers that employers are interfering with legal lifestyle and personal choices of their workers, such as smoking, obesity and gun ownership.

The bill would prohibit employers from using legal firearm ownership or possession of a weapons license as the basis for negative decisions on recruitment, hiring, firing or compensation.

Although prospective, current and past employees would be able to sue on their own behalf, the measure wouldn't empower the state Civil Rights Department to investigate complaints. The department can probe job- related bias based on such factors as age, religion, race and gender.

As drafted, the bill recognizes exceptions for legitimate occupational requirements and for activities on company property during work hours.

The lead Senate sponsor, James Barcia, said his intent is to protect employees who legally own or have the right to use firearms.

"A lot of times people are clear they're against guns or for the right to bear arms," said Barcia, D-Bay City, who describes himself as "a lifelong hunter who is trying to introduce proactive, Second Amendment-type bills."

He said, "We thought this would be additional protection."

Senate co-sponsor Jud Gilbert, R-Algonac, said, "I certainly kind of link it to the idea of employers and employee's private life."

Gilbert emphasized that the measure would apply only if an employee had a valid permit. "We're not saying it's anybody."

Sen. Ron Jelinek, R-Three Oaks, said he hadn't heard from any constituents encountering job discrimination because of their gun ownership but "I've certainly heard from people" who don't want their firearms rights abridged.

"I don't know why having a (weapons) license should be a problem to anybody," said Jelinek, another sponsor.

"It shouldn't be a problem. It should be a help because that person has to have passed some scrutiny as to his or her mental state," he said, referring to the screening process to obtain a concealed weapons permit.

The bill doesn't directly address a related national controversy: whether employers can prohibit employees from leaving legal firearms locked in vehicles parked on business property.

According to the National Rifle Association, the issue first arose in 2002 when an Oklahoma company fired employees for having guns in their vehicles on company property. The legislatures in Oklahoma, Minnesota and Alaska later passed laws that block such policies.

Ann Parker, the chief operating officer for the Small Business Association of Michigan, said her group generally opposes legislative efforts to control employer-employee relationships, especially at-will relationships where bosses can terminate workers for any reason and workers can quit for any reason.

As for the type of legislation proposed, Parker said, "With any of these kinds of efforts to bring in personal lifestyle issues into a business decision, we shouldn't be going down that road."

The bill also would prevent employers from requiring applicants or workers to waive their gun-owning rights.

"The intent is you can't negotiate these things away. They're your basic rights," said John Mulcrone, the Senate Democratic counsel.

Barcia, the main sponsor, said he's received no commitment that the Senate Commerce and Labor Committee will hold a hearing, but if the measure moves forward, he said he'll work to resolve any opposition.

"Obviously we don't want to interfere with the right of an employer to have control over their work environment," he said. "It may be they will welcome a middle ground resolution of these issues, to resolve employer- employee disputes."

Link to story (http://www.southbendtribune.com/apps/pbcs.dll/article?AID=/20060225/News01/602250395/-1/NEWS01/CAT=News01)