'Not Your Boss' Business' Contraception Bill Reintroduced

In what one bill sponsor said is part of a broader battle against sexism, two democrats -- along with handfuls of sponsors -- are pushing legislation that would prevent employers from asking about female employees' contraceptive use.

It's a reintroduction of a 2014 bill that failed to get even a committee hearing. And Rep. Marcia HOVEY-WRIGHT (D-Muskegon), LMSW, who's sponsoring a pair of bills that would work with Senate Minority Leader Jim ANANICH's (D-Flint) companion legislation, doesn't sound hopeful about the concept going anywhere this time around with the Republican-led House and Senate in charge of the agenda.

The bills would stop employers from discriminating or "retaliating" in some way for their female employee or prospective employees' contraceptive or reproductive choices.

That includes the use of contraception, abortion, in vitro fertilization and other procedures. The bills don't state explicitly what procedures are considered "contraception'" and "reproductive health decisions," according to the bills.

"It does happen," Hovey-Wright said. "I can't give you numbers, but sometimes it's very informal."

She added that people have been fired "for all of those things."

She and other supporters say that women can be demoted or fired for their reproductive choices without ever being told why explicitly.

Amanda WEST, director of government relations for Planned Parenthood Advocates of Michigan, agreed that it definitely happens when she recently joined MIRS editor Kyle MELINN on Michigan's Big Show on Monday to talk about her support for the bills.

"We're seeing this in response to the Hobby Lobby decision . . . as more employers are utilizing that decision . . ." West said.

It's all to make sure that "women cannot be intimidated," she said.

"There have been women in Wisconsin and Ohio that have been terminated from their jobs because they underwent in vitro fertilization," West said.

West said that laws like Ananich's passed in New York, and have been introduced in other states. Meanwhile, an Arizona law does "quite the opposite," giving employers the option to ask employees whether and why they're on birth control, and "can deem whether those choices are worthy or not," West said.

But Wendy BLOCK, the health policy director for the Michigan Chamber of Commerce, said she thinks this Michigan legislation is just "a solution in search of a problem."

"In fact," she said, "federal law already places restrictions on employers when it comes to asking job applicants about their medical history."

Yet, Ananich sharply disagrees with that point. He said that employers can and do ask employees whether they use contraception, and bosses shouldn't be prying around there.

"The Hobby Lobby decision articulated the need," he said. "It's none of their business."

He said he hopes his bill at least gets a hearing this time around.

"I obviously support it," Ananich said. " . . . I think it's worth a hearing."

Hovey-Wright and Ananich would need support from Republican lawmakers for the bills to have any chance of making it to Gov. Rick SNYDER's desk, an unlikely fate in a political climate that's arguably even more conservative than the GOP supermajority of Legislature's years past (See: "Will New Legislature Be More Conservative? Stats Say Definitely," 1/16/15).

Hovey-Wright said quite bluntly that she doesn't think it'll ever pass the House. But like Sisyphus and his boulder, perhaps the struggle itself is enough.