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Michigan Governor Issues Executive Order to Prohibit Retaliation Against Employees Exposed to the Coronavirus


At the start of the month, Michigan Governor Gretchen Whitmer issued Executive Order 2020-36 to provide protections for employees in the state and prohibit employers from retaliating against or discharging employees exposed to the coronavirus.

Prior to the issuance of Executive Order 2020-36, Michigan had a “stay home” order in effect.  As with many states, cities, counties, and parishes across the country, employers in Michigan were allowed to continue operating if they were in essential industries (and certain other specified situations.)  That “stay home” order, Executive Order 2020-21, did not address whether employees permitted to work could refuse to do so and what actions an employer could take.  However, Executive Order 2020-36 clarifies a few things.

Under Executive Order 2020-36, employers in the state are prohibited from discharging, disciplining, or retaliating against an employee that is otherwise able (and permitted) to work, but stays home because the employee or a person in contact with the employee has symptoms of or tests positive for the coronavirus.

I would expect to see other governors and mayors across the county move to adopt similar ordinances/regulations over the coming weeks.


For a copy of Executive Order 2020-36:  https://content.govdelivery.com/attachments/MIEOG/2020/04/03/file_attachments/1418576/EO%202020-36.pdf

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