Michigan Selection and Testing laws & HR compliance analysis

Michigan Selection and Testing: What you need to know

The Elliott-Larsen Civil Rights Act prohibits discrimination based on religion, race, color, national origin, age, sex (includes pregnancy, childbirth, or related medical conditions), height, weight, or marital status (MI Comp. Laws Sec. 37.2101 et seq.). There is an exception if religion, national origin, age, height, weight, or sex is a bona fide occupational qualification (BFOQ) necessary to the normal operation of the employer's business. The Act applies to all employers with one or more employees.
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The Persons with Disabilities Civil Rights Act prohibits discrimination based on a physical or mental disability. The Act applies to all employers with one or more employees (MI Comp. Laws Sec. 37.1101 et seq.).
The Act also prohibits employers from discriminating against an individual based on genetic information that is unrelated to the person’s ability to perform the duties of a particular job (MI Comp. Laws Sec. 37.1201 et seq.).
In addition, employers are prohibited from printing, circulating, posting, mailing, or publishing any statement, advertisement, notice, or sign indicating a discriminatory preference, limitation, or specification, unless the preference, limitation, or specification is a BFOQ (MI Comp. Laws Sec. 37.2206, MI Comp. Laws Sec. 37.1206).
Apprenticeships and training. An employer may not discriminate against an individual because of a protected characteristic in admission to, or employment or continuation in, a program that is established to provide apprenticeship or other training (MI Comp. Laws Sec. 37.1205, MI Comp. Laws Sec. 37.2205).
Employers may generally use any professionally developed aptitude test when selecting employees, provided the test is not designed, ...

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