Hiring
Advertising
What are the requirements relating to advertising open positions?
Under Federal law, advertisements indicating a preference for a person of a particular race, color, religion, sex, national origin, or age are unlawful unless one of those factors is an actual qualification for performing the job, or a “bona fide occupational qualification” (BFOQ).
In Michigan, the Elliott-Larsen Civil Rights Act prohibits help-wanted advertisements that are targeted to any specific age group, not just those over 40 years of age. Accordingly, advertisements expressing preferences for “mature” applicants that are not BFOQs are unlawful.
Background checks
(a)Criminal records and arrests
In 2018, the Local Government Labor Regulatory Limitation Act was amended to prohibit local governments from implementing ordinances that regulate the information an employer or potential employer must request, require, or exclude on an application for employment, or during the interview process, from an employee or a potential employee. As such, local governments are prohibited from implementing “ban-the-box” rules limiting when criminal history information about an applicant may be considered or used by non-public employers.
Under the Elliott-Larsen Civil Rights Act (ELCRA), an employer shall not, in connection with an application for employment or with respect to the terms, conditions, or privileges of employment, “request, make, or maintain a record of information regarding a misdemeanor...
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