Introduction: In Michigan, the Elliott-Larsen Civil Rights Act (ELCM) MCL 537.2206, and the Persons with Disabilities Civil Rights Act (PWDCM) MCLS37.1206 provide significant guidance to employers in the hiring process. In addition, this guide includes the requirements of TitleVII of the Civil Rights Act of 1964, 42 USC 552000(e) et seq.; Title I of the Americans withDisabilities Act, 42 USC S512101 et seq.; theAge Discrimination in Employment Act, 29 USC 621 et seq.; and the Immigration Reform and Control Act of 1986, 8 USC 55 1324a et seq. Recruitment The referenced federal and state laws make it unlawful for an employer or employment agency to ask questions, orally or in writing, that elicit information, try to elicit information, or express a preference on the basis of race, color, religion, national origin, age, sex, height, weight, marital status, or disability of a prospective employee. notice or sign which indicates a preference, limitation and/or specificification based on religion, race, color, religion, national orgin, age, sex, height, weight, marital status or disability. Employers are not prohibited from including statements that affirm equal employment opportunity. Pre-Employment Inquiries Except as permitted by the Michigan Civil Rights Commission (MCRC) Rules or by federal law, these statutes make it unlawful for an employer or employment agency to ask questions, orally or in writing, that elicit information, try to elicit information, or express a preference on the basis of race, color, religion, national origin, age, sex, height, weight, marital status, or disability of a prospective employee. These laws are not intended to interfere with an employe/s right to hire qualified persons; rather, they prevent characteristics which are not job-related (such as race, sex, marital status, etc,) from influencing the selection process.Job Description One way to ensure sound hiring procedures and avoid unlawful discrimination is for employers to write job descriptions outlining the required skills and abilities for each position. Focusing on the individual's skills and specific job requirements helps employers select the most qualified candidate, Requests for information that are unlawful pre-employment may be legal once the applicant is hired, such as information needed for payroll and benefit processing (marital status, number of dependents, etc.). However, the information should not be requested on the employment application or during the interview. Arrest Records: Under Michigan law, employers may not ask an applicant about a misdemeanor arrest that did not result in a conviction. Employers may ask about felony or misdemeanor convictions or felony arrests which did not result in a conviction. Some employers are required to conduct criminal history background check on potential hires. However, unless required bylaw, it is a violation of Title VII of the US Civil Rights Act for employers to have a blanket policy of not hiring or accepting applications from anyone with a criminal conviction. Data Collection Under limited circumstances, employers maybe required to gather information that might otherwise be unlawful under the ELCM and the PWDCM. Documentation required by theImmigration Reform and Control Act, B USCA$$ 1324a et seq, and criminal history background check required for applicants in certain occupations all require gathering otherwise prohibited data. Employers must use care to gather ONLY the information required by the controlling statute or regulation, restrict access to this information, and require collection only after the employer has made a conditional offer of employment,Bona Fide Occupational QualificationEmployers can request an exemption fromMichigan civil rights law if they can show that religion, national origin, age, height, weight or sex is a bona fide occupational qualification(BFOQ) that is necessary to normal business operations. Employers can ask the MCRC for aBFOQ before posting a position. If a BFOQ is not requested and the employer is later charged with discrimination, the employer can raise BFOQ business necessity as a defense to the charge. For example, a juvenile detention facility concerned with the privacy of the youth may request hiring one person per shift of the same sex as the facility residents. EEO/Workforce Diversity Plans Equal Employment Opportunity (EEO) and workforce diversity plans are permitted to require the aggregate collection of data on race, religion, color, national origin, sex or disability of applicants and employees as long as the data is separated from hiring or promotional processes,To file a complaint, or to ask questions contactU800.482.3604 or lTY U877.878.8464. You can also file online:www. michigan.oov/mdcr
