Michigan Pre-Employment Inquiries (Interviewing) laws & HR compliance analysis

Michigan Pre-Employment Inquiries (Interviewing): What you need to know

The Elliott-Larsen Civil Rights Act specifically prohibits questions on application forms or in interviews that express any “preference, limitation, specification, or discrimination” as to religion, race, color, national origin, age, sex, height, weight, or marital status, unless the characteristic is a bona fide occupational qualification (BFOQ). The Act covers employers with one or more employees (MI Comp. Laws Sec. 37.2201).
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A separate law, the Persons with Disabilities Civil Rights Act, prohibits employment practices that discriminate on the basis of disability and requires an employer to accommodate a person with a disability unless the employer demonstrates that the accommodation would pose an undue hardship (MI Comp. Laws Sec. 37.1201 et seq.). This law also covers all employers regardless of size.
Genetic testing and information. The law also prohibits employers from requiring an individual to submit to a genetic test or to provide genetic information as a condition of employment or promotion (MI Comp. Laws 37.1202). Employers are also prohibited from acquiring or having access to any genetic information concerning an applicant for employment, or a member of the applicant's family.
State agencies, boards, commissions, and other departments subject to the executive administration of the state government, are prohibited from discriminating against an individual on the basis of religion, race, color, national origin, age, sex, sexual orientation, gender identity or expression, height, weight, marital status, political affiliation, or a disability or genetic information that is unrelated to the person's ability to perform the duties of a particular job or position (Governor's E.D. 2007-24).

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