Michigan Application Forms laws & HR compliance analysis

Michigan Application Forms: What you need to know

The Elliott-Larsen Civil Rights Act specifically prohibits employers from using any type of application form that asks about an applicant's religion, race, color, national origin, sex, age, height, weight, or marital status (MI Comp. Laws Sec. 37.2206). The Act covers employers with one or more employees (MI Comp. Laws Sec. 37.2201 et seq.). The Persons with Disabilities Civil Rights Act prohibits discrimination against a person because of a disability or genetic information that is unrelated to the person's ability to perform the job (MI Comp. Laws Sec. 37.1202).
Retaliation prohibited. The Elliott-Larsen Civil Rights Act prohibits employers from retaliating against an individual for opposing a violation of the Act, or for making a charge, filing a complaint, testifying, assisting, or participating in an investigation, proceeding, or hearing under the Act (MI Comp. Laws Sec. 37.2701).
Individual liability. Because the antiretaliation provision of the Act imposes liability on "persons," an employee's supervisor may be held personally liable for retaliatory acts (Poches v. Elec. Data Sys. Corp., 266 F. Supp. 2d 623 (E.D. Mich. 2003)).
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“Sex” defined. The definition of “sex” includes, but is not limited to, pregnancy, childbirth, or a medical condition related to pregnancy or childbirth that does not include nontherapeutic abortion not intended to save the life of the mother (MI Comp. Laws Sec. 37.2201).
Arrest. Employers are also prohibited from requesting any information about a misdemeanor arrest, detention, or disposition of a violation of law in which a conviction did not result (MI Comp. Laws Sec. 37.2205a). However, employers are not prohibited from asking about pending felony charges.
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