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Category: Public Policy
The Local Government Labor Regulatory Limitation Act (Public Act 84) prohibits local governments, that is, cities and counties located within the Michigan territory to adopt Ban-the-Box laws that will regulate the screening procedures of public and private employers. The original law (Public Act 104 of 2015) emphatically states that “matters of the employment relationship is a concern of the state”, in effect, stripping the authority of local governments to adopt an ordinance, local policy, or resolution that would infringe “don’t ask” regulations not expressly impermissable by law on employers. EMPLOYMEE RIGHTS AND ANTI-DISCRIMINATION LAWS There are literally a laundry list of rules regulating the hiring practices of employers in this country on the national and local levels, namely, the U.S. Civil Rights Act of 1964 and Americans With Disabilities Act (ADA). These are the two most comprehensive statutory regulations enacted by the federal government preventing discrimination in hiring as well as protections from in-work injustices such as harassment and retaliation. In Michigan, the Elliot-Larson Civil Rights Act and Persons with Disabilities Civil Rights Act protects applicants and existing employees against an even more expansive range of discriminatory hiring and employment practices. Furthermore, the Michigan Department of Civil Rights, anti-discrimination laws in employment and housing, publishes a Pre-Employment Inquiry Guide for employers. While the guide is intended to help employers maintain legal hiring and interviewing practices, it is also a handy tool that all job-seekers should familiarize themselves with. U.S. and Michigan laws regulating hiring and employment practices:
MICHIGAN EMPLOYMENT SCREENING REGULATIONS OVERVIEW The broad language of Michigan employment laws covers several areas of importance in preventing discriminatory hiring practices, including:
Recruitment Employers are encouraged to include statements promoting or affirming their commitment to equal employment opportunity practices. However, they are prohibited from publishing or circulating advertisements that indicate candidate preferences, specifications or limitations based on race, religion, color, national origin, age, sex, height, weight, marital status, and disability. Pre-Employment Inquiries Employers and employment agencies are prohibited except as permitted by law to ask questions (verbal or written) to elicit information, attempt to elicit information, or express a candidate preference based on race, religion, color, national origin, age, sex, height, weight, marital status, and disability of a prospective employee. This is intended to prevent characteristics which are not job-related from influencing the selection process. Example of an illegal inquiry: “How old are you?” “No, thank you, we are looking for someone younger.” Job Description Employers are required by law to write descriptions outlining the required skills and abilities for each job position enabling employers to select the most qualified candidates. Questions that elicit information that are unlawful during the pre-employment screening process may become legal once the extension of a job offer or hiring process begins. Such information is needed for payroll and benefit processing but should not be included on job applications or asked during an interview. Arrest Records Michigan law prohibits employers from inquiring about misdemeanor arrests that did not result in a conviction but are permitted to ask questions about the following:
Some employers are required by law to conduct a criminal background checks on potential hires. However, in most circumstances, employers may not refuse to hire or accept job applications from any and every person with criminal convictions. This is prohibited under Title VII of the U.S. Civil Rights Act of 1964. Data Collection Employers are limited to gathering information as permitted or required by law for certain occupations, restricting access to that information, and collecting data otherwise prohibited by law after a conditional offer of employment has been extended to a prospective candidate. Bona Fide Occupational Qualification It should be noted that employers can request to be exempt from laws that prohibit hiring practices based on characteristics such as religion, national origin, age, height, weight, or sex if it is a bona fide occupational qualification (BFOQ). That is, these characteristics are necessary for normal business operations. The BFOQ must be requested prior to posting a job position but can be used as a legal defense against discrimination charges even if the BFOQ was never obtained. A link to the Pre-Employment Inquiry Guide is provided below for more information. EEO/Workforce Diversity Plans The aggregate collection of data on race, religion, color, national origin, sex, or disability of applicants and employees as permissible by the requirement of Equal Employment Opportunity (EEO) and workforce diversity plans. The information gathered must be separate from the hiring or promotional processes. PRE-EMPLOYMENT INQUIRY GUIDELINES Source: Michigan Department of Civil Rights
Applicant’s current or prior addresses. Unlawful Pre-Employment Inquiry: N/A 2. Age Lawful Pre-Employment Inquiry: Are you 18 years or older? Unlawful Pre-Employment Inquiry: Applicant’s age or date of birth. 3. Arrests Lawful Pre-Employment Inquiry: Have you ever been convicted of a crime? or, Have you been arrested for a felony? Unlawful Pre-Employment Inquiry: Misdemeanor arrests that did not result in a conviction unless applicant is seeking a position with a law enforcement agency. (Only unlawful in Michigan, not covered by federal law). 4. Birthplace Lawful Pre-Employment Inquiry: N/A Unlawful Pre-Employment Inquiry: Birthplace of applicant’s and applicant’s relatives; birth certificate, naturalization and baptismal records, unless required by federal law. (Documents required by the Immigration and Reform Control Act (IRCA) may only be collected after a conditional offer of employment has been made). 5. Citizenship Lawful Pre-Employment Inquiry: Are you legally authorized to work in the United States? Unlawful Pre-Employment Inquiry: These questions are unlawful unless asked as part of the Federal I-9 process.
6. Disability Lawful Pre-Employment Inquiry: Ability to perform the essential functions of the job with or without accommodation. (Only lawful if applicant has been informed of essential job duties). Unlawful Pre-Employment Inquiry: Physical or mental conditions which are not directly related to the requirements of a specific job. 7. Education Lawful Pre-employment Inquiry: Applicant’s academic, vocational, or professional education and schools attended. Unlawful Pre-employment Inquiry: N/A 8. Genetic Testing Lawful Pre-employment Inquiry: N/A Unlawful Pre-employment Inquiry: Applicant’s genetic information or requiring an applicant to undergo genetic testing is unlawful. (Unlawful in Michigan, not covered by federal law). 9. Height or Weight Lawful Pre-employment Inquiry: N/A Unlawful Pre-employment Inquiry: It is illegal to inquire (verbal or written) about an applicant’s height or weight. (Unlawful in Michigan, not covered by federal law). 10. Marital Status Lawful Pre-employment Inquiry: N/A Unlawful Pre-employment Inquiry: Marital status or children: asking applicants to specify titles such as Mr., Mrs. Or Ms. (Unlawful in Michigan, not covered by federal law). 11. Name Lawful Pre-employment Inquiry: Applicant’s name or other names used. Unlawful Pre-employment Inquiry: Applicant’s maiden name. (Unlawful in Michigan, not covered by federal law). 12. National Origin Lawful Pre-employment Inquiry: Languages spoken or written by applicant. Unlawful Pre-employment Inquiry: Applicant’s lineage, ancestry, national origin, or nationality. 13. Notice in Case of an Emergency Lawful Pre-employment Inquiry: Name, address, and phone number of a person to be notified in case of an accident or emergency. Unlawful Pre-employment Inquiry: Name, address, and phone number of a relative to be notified in case of an accident or emergency. 14. Organizations Lawful Pre-employment Inquiry: The organizations and clubs to which applicants belongs with noted exceptions. Unlawful Pre-employment Inquiry: Names of organizations to which applicants belongs if information will reveal the race, color, religion, national origin, or ancestry of the members of the organization. 15. Photograph Lawful Pre-employment Inquiry: N/A Unlawful Pre-employment Inquiry: Applicant’s photograph prior to hire. 16. Race or Color Lawful Pre-employment Inquiry: N/A Unlawful Pre-employment Inquiry: Applicant’s race, national origin, or color. 17. Religion Lawful Pre-employment Inquiry: N/A Unlawful Pre-employment Inquiry: Religious denomination or affiliation; religious holiday’s observed. 18. Sex Lawful Pre-employment Inquiry: N/A Unlawful Pre-employment Inquiry: Applicant’s gender; ability or desire to have children; child care arrangements.
COMMONLY ASKED QUESTIONS ON EMPLOYEE RIGHTS
Can an employer do a background check to verify your GPA? Employers may request a copy of your college transcripts to verify your GPA. It is permissible by law and may help in the selection process between candidates. Can an employer ask if you are pregnant? Inquiring about an applicant’s or employee’s pregnancy status as a condition of employment or a promotion is prohibited. It is a violation of labor law and can result in legal liability against an employer. Can an employer ask if you smoke? While some states permit employers to inquire whether you are a smoker as a condition of employment Michigan law does not expressly regulate the practice. It also does not require employers to accommodate smokers or non-smokers with designated areas and are generally free to adopt smoking policies at their own discretion. However, issues of retaliation and harassment are directly prohibited by law. Employees who experience or suspect adverse sanctions for smoking in the workplace should contact the Michigan Department of Civil Rights or consult a legal representative. Can an employer run a credit check? In Michigan, employers can pull your credit report, but your permission is required. Not only does the law require your permission for an employer to request your records from credit bureaus, employers must also inform you of your rights under the Fair Credit Reporting Act (FCRA). Additionally, if you are denied employment due to your credit history, the employer must provide you a copy of your credit report and notice of adverse action. This provides the applicant an opportunity to respond. Was this post helpful? Leave a comment and please share with your followers. If you’re in need of case management services or need additional assistance complete the confidential Contact Form. Also, consider donating to continue this important work and expand our reach to the broader community. Contact Us: http://www.canmichigan.com/reach-out-to-us.html Donate: https://www.paypal.com/donate/?token=u9ZbQw7yTRWAm9K4Yl2MKERd76oKf_lBrejXuVLAx0j5rsSTG72gmICfR9S-bVY4az_Imm&country.x=US&locale.x=US Related Posts: Michigan Bans-the-Box for Felons http://www.canmichigan.com/blog/michigan-bans-the-box-for-felons Ban-the-Box Laws: Employment Rights for Felons http://www.canmichigan.com/blog/ban-the-box-laws-employment-rights-for-felons State Assistance Programs Enforce Work Requirements for Government Benefits http://www.canmichigan.com/blog/state-assistance-programs-enforce-work-requirements-for-government-benefits Links: Michigan Bans the Ban: New Law Stops Local Government Regulations on Employer Inquiries https://ogletree.com/shared-content/content/blog/2018/march/michigan-bans-the-ban-new-law-stops-local-government-regulations-on-employer-inquiries Michigan Department of Civil Rights: Pre-Employment Inquiry Guide https://www.michigan.gov/documents/mdcr/Preemploymentguide62012_388403_7.pdf What You Should and Shouldn’t Ask Job Candidates (For Employers) https://www.businessknowhow.com/manage/quick.htm Were You Denied A Job or Promotion Because of Your Credit Report? https://www.micreditlawyer.com/employment-and-credit-reports/ Resources: U.S. Department of Labor – Michigan Occupational Safety and Health Administration 315 West Allegan Street, Suite 207 Lansing, Michigan 48933 PH: (517) 487-4996 Fax: (517) 487-4997 Equal Employment Opportunity Commission (EEOC) Detroit District Office 477 Michigan Avenue Room 865 Detroit, MI 48226 PH: (800) 669-4000 TTY: (800) 669-6820 Fax: (313) 226-4610 Michigan Occupational Safety & Health Administration (MIOSHA) 530 W. Allegan Street P.O. Box 30643 Lansing, Michigan 48909-8143 Phone: (517) 284-7777 Fax: (517) 284-7725 Toll-Free Complaint Hotline: (800) TO-MIOSH ((800) 866-4674) Michigan Department of Licensing and Regulatory Affairs (LARA) Wage and Hour Division 2407 N. Grand River Avenue Lansing, MI 48906 PH: (855) 464-9243 (Toll Free) PH: (517) 284-7800 Fax: (517) 322-6352 Michigan Department of Civil Rights (MDCR) PH: (800)482-3604 (Toll Free) TTY: (877)878-8464 Website: www.michigan.gov/mdcr Michigan Department of Civil Rights Detroit Service Center - Cadillac Place 3054 W. Grand Boulevard Suite 3-600 Detroit, MI 48202 PH: (313)456-3700 Fax: (313)456-3701 Fax: (313)456-3791 (Executive Office) Divisions:
Michigan Department of Civil Rights Lansing – Capitol Tower Building 110 W. Michigan Avenue Suite 800 Lansing, MI 48933 PH: (517)335-3165 TTY: (517)241-1965 Fax: (517)241-0546 Website: MDCR-INFO@michigan.gov Michigan Department of Civil Rights Grand Rapids Office State Office Building, 4th Floor 350 Ottawa N.W. Grand Rapids, MI 49503 PH: (616)356-0380 TTY: (616)356-0391 Fax: (616)356-0399 Michigan Alliance Against Hate Crimes (MIAAHC) PH: (517)335-3165 Website: mdcrcrt@miaahc.com
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Deborah MitchellWelcome to The Community Advocate Network. My name is Deborah Mitchell, I am a graduate in Social Work and Registered Social Work Technician. My human service background began in 2007 which includes medical case management and service navigation for the indigent population, outpatient mental health counseling with substance use and abuse disorders, supportive employment and job development for mental health consumers, and structured living domicile management. Archives
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