Michigan Hiring laws & compensation compliance analysis

Michigan Hiring: What you need to know

The Elliott-Larsen Civil Rights Act prohibits hiring practices that discriminate based on religion, race, color, national origin, sex, age, height, weight, marital status, or disability. The Act covers employers with one or more employees (MI Comp. Laws Sec. 37.2101 et seq.). The Persons with Disabilities Civil Rights Act prohibits employers from discriminating against applicants based on a disability or genetic information (MI Comp. Laws Sec. 37.1101 et seq.). The law applies to all employers, regardless of size.
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Sexual orientation and gender identity. In May 2018, the Michigan Civil Rights Commission issued an interpretative statement finding that discrimination because of sexual orientation and gender identity are forms of discrimination because of sex. In July 2018, the state’s attorney general issued an opinion that the commission had exceeded its authority; however, the commission maintains its support for its statement and continues to accept complaints of discrimination based on sexual orientation and gender identity. The current attorney general, who was elected in November 2018, has agreed to reconsider her predecessor’s opinion.
Employers may not request or require that an applicant or employee submit to a lie detector test as a condition of employment. An employer may, however, administer a lie detector test to an applicant or employee who voluntarily requests an examination (MI Comp. Laws Sec. 37.201 et seq.).
State law prohibits employers from asking applicants about misdemeanor arrests not resulting in conviction (MI Stat. Sec. 37.2205a).
Ban the box—state employers. An executive directive prohibits state departments or agencies from including a ...

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