Michigan Hiring laws & HR compliance analysis

Michigan Hiring: What you need to know

Discrimination. 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 (Mich. Comp. Laws § 37.2101 et seq.). The Persons with Disabilities Civil Rights Act prohibits employers from discriminating against applicants based on a disability or genetic information (Mich. Comp. Laws § 37.1101 et seq.). The law applies to all employers, regardless of size. More information is available at the Michigan Discrimination and Disabilities (ADA) sections.
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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. A Michigan Court of Claims judge sided with the Commission in December 2020 (Rouch World LLC v. Mich. Dep’t of Civil Rights (Mich. Ct. Claims 2020)), and in July 2021, the Michigan Supreme Court agreed to review the case.
Veterans’ preference. A private employer may voluntarily adopt and apply a policy that gives preference in hiring to a veteran (Mich. Comp. Laws § 35.1202). In public employment, veterans are entitled to preference in hiring (Mich. Comp. Laws § 35.401).
Criminal history. State law prohibits employers from asking applicants about misdemeanor arrests not ...

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