Byrnes' Accidentally Sponsored Bill Mandating 'Merit-Based' Hiring Practices Passes House

(Source: MIRS.news, Published 05/01/2025) A Democrat-sponsored bill introduced by mistake that calls for state government hiring decisions to be based only on merit (such as education or work experience) swiftly passed the House 105-1 after being reported out of committee earlier Thursday morning.

HB 4288 , sponsored by Rep. Erin Byrnes (D-Dearborn), was supposed to be part of the Progressive Women’s Caucus pay equity package they introduced in March. In fact, a co-sponsorship memo sent out to all members obtained by MIRS describes a different bill, one that would require a company with five or more employees to post a written job description for open positions, including information about the skills required and the pay scale.

In reality, the bill Byrnes introduced was Rep. Angela Rigas (R-Caledonia)’ bill last term that prohibits a state agency or executive branch from hiring an employee on any other basis than their education or work experience.

A state agency that hires based on any other reason would be fined up to $10,000.

Nonetheless, the House Democrats (after significant caucus discussion on the topic, a source tells MIRS) passed 105-1.

A House Republican source said Byrnes intended to introduce the bill creating a more transparent hiring process, but a mix-up along the way resulted in her name on the bill that garnered 34 Democratic co-sponsorships, presumably because the memo was supposed to ask for support on the pay equity package.

Co-sponsorship memos frequently do not include bill text for members or their staff to analyze, and the decision to co-sponsor a bill is made based off the information offered by the sponsoring legislator, which is why no Republicans co-sponsored the bill.

Minority Leader Ranjeev Puri (D-Canton) said he has a policy that he doesn't co-sponsor bills, and so he didn't read the memo when it came out in March. He said he doesn't know why Republican leadership singled out HB 4288 for a vote, but regardless, Puri's caucus wants to put an end to the “old boys club” in hiring practices in state government, and requiring hiring on the basis of merit and education is “what we're asking for.”

“If you characterize fair hiring practices as DEI, then yes, we're supportive of that,” Puri said during a press conference after session. Neither Byrnes nor Rep. Joe Tate (D-Detroit), who have both been sponsors of bills that were singled out from their package for a vote, were present at the press conference.

During committee, Rep. John Fitzgerald (D-Wyoming) seemed to be fronting the messaging efforts that would justify why so many of his colleagues co-sponsored legislation that would effectively eliminate diversity, equity and inclusion (DEI) hiring practices. He said he thinks this legislation will be a good way to prevent nepotism from bleeding into the state government's workforce.

Rigas made sure he knew, however, that the bill text doesn't include nepotism as a hiring factor - only education and work experience.

The bill passed out of the House Government Operations Committee unanimously.

When asked if there was a mistake with HB 4288 not containing the intended bill text, Fitzgerald said he didn't want to say anything about non-partisan staff in the institution.

Fitzgerald said the House Republicans' characterization of this legislation as being about DEI is a poor misunderstanding. He said the legislation is about making sure that people who don't have a relationship with their workplace that they're applying to don't get shut out indiscriminately.

Fitzgerald said HB 4288 was selectively chosen out of the pay equity package because House Republicans thought there was a convenient political argument.

“I think that this is just another one of those examples - sometimes there's a happy little accident, and we all become bipartisan,” Fitzgerald said.

“Democrats believe in merit. We believe that everyone should have an equal shot at making sure that we have a great and well-qualified workforce here in the state of Michigan,” said Rep. Noah Arbit (D-West Bloomfield).

A committee substitute and later a floor substitute from Democrats would have tie-barred HB 4288 to the rest of the package. They both failed.

"When I first heard about the overwhelming Democrat support to end DEI hiring in state government, I was over the moon,” Speaker Pro Tempore Rachelle Smit (R-Shelbyville) said in a press release. “Finally, Democrats are coming around and seeing the connection between merit-based hiring and successful outcomes. We need more Democrats to take Gov. Gretchen Whitmer’s lead and embrace President (Donald) Trump's agenda. There hasn’t been a lot from House Democrats this year, but this effort to strip DEI from state hiring practices sure is a diamond in the rough.”

In her floor speech, Byrnes said the bill prevents hiring someone based on their family ties or insider connections.

“How many Michiganders have said, ‘I was qualified for that position, but I was not an insider or part of the club’?” Byrnes said.

“I know Speaker Hall has talked a lot about being committed to transparency – that’s what this package is all about,” Byrnes said at a press conference in March. “It’s about pay transparency; it’s about fairness and openness in the hiring process and the employment process once you are hired.

Rigas testified on the bill in committee since Chair Brian Begole (R-Perry) said Byrnes wasn’t available to testify Thursday morning.

“I'm excited that my friend from the 15th district, Representative Erin Byrnes, who represents Dearborn, reintroduced my bill from last year. It’s high time we stopped wasting money on DEI programs that divide people and start hiring based on what really matters, qualifications and performance,” Rigas said during committee testimony. “I'm so happy that the Democrats have finally come to the side of common sense over activism.”

After the vote, in which Rep. Dylan Wegela (D-Garden City) was the only nay vote, he asked to be removed as a co-sponsor.

Byrnes requested the board be opened to co-sponsorships and HB 4288 ended up having 74 co-sponsors.

“You’ve got Democrats voting against DEI, you’ve got Gretchen Whitmer embracing President Trump at Selfridge Air Force Base. I think there’s hope in government,” Rigas said after the vote. “It’s a new era of bipartisanship.”