Michigan Affirmative Action laws & HR compliance analysis

Michigan Affirmative Action: What you need to know

The Michigan Civil Rights Act prohibits employment practices that discriminate on the basis of religion, race, color, national origin, age, sex, height, weight, marital status, or disabilities. The Act covers employers with one or more employees (MI Comp. Laws Sec. 37.2101et seq., Sec. 37.1101 et seq.). The Act has no specific provision that requires private employers to implement affirmative action plans.
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So-called Proposal 2 amended the Michigan Constitution to ban affirmative action programs that give preferential treatment to groups or individuals based on their race, sex, color, ethnicity, or national origin. Proposal 2 applies to public employment, public education, or public contracting. All covered parties are prohibited from giving preferential treatment on the bases described above. The amendment contains an exception for actions that must be taken to establish or maintain eligibility for any federal programs. Therefore, for example, a federal contractor attempting to comply with the affirmative action requirements imposed by Executive Order 11246 may be permitted to use preferential programs in relation to its federal contracts.
An employer may adopt an affirmative action plan to eliminate past practices of discrimination or to ensure equal opportunity with respect to religion, race, color, national origin, or sex, but the plan must be filed with the Civil Rights Commission for approval (MI Comp. Laws Sec. 37.2210).
The Business Opportunity Act for Persons with Disabilities sets a goal for the state of awarding at least 3 percent of total expenditures for construction, goods, and services (not counting awards to ...

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