Michigan Advertising laws & HR compliance analysis

Michigan Advertising: What you need to know

The Michigan Civil Rights Act prohibits employers with one or more employees from printing or publishing (or causing to be printed or published) an advertisement indicating a preference, limitation, specification, or discrimination based on religion, race, color, national origin, age, sex (including pregnancy), height, weight, disability, genetic information, or marital status (MI Comp. Laws Sec. 37.2101et seq.).
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Bona fide occupational qualification (BFOQ) exception. It is permissible to hire an individual based on one of the protected characteristics if that characteristic constitutes a reasonable BFOQ for the job in question. A BFOQ is a characteristic that is absolutely essential to performing the job in question.
Federal contracts. An amendment to the Michigan Constitution (known as Proposal 2) 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 indicate preferences in advertising in relation to its federal contracts.
Hiring practices. Michigan has adopted its own labor relations law, known as the Labor Mediation Act, that prohibits discrimination in hiring practices with regard to membership in a labor organization (MI Comp. Laws Sec. 423.1et seq.).
Strikes/lockouts. If an employer recruits or advertises for workers during a strike or lockout, Michigan law requires that all job advertisements specifically state that a strike or lockout at the place at which employment is offered and that the job offered is in place of an employee now ...

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