Michigan Fair Hiring Laws

Various laws are in effect that impact employment, including some that dictate the regulations around recruiting and hiring new employees. Review our detailed guide to fair hiring laws in Michigan and how they differ from federal regulations.

What Are Fair Hiring Laws?

Fair hiring laws are regulations administered federally by the Equal Employment Opportunity Commission (EEOC) and Department of Labor (DOL). They apply across all states in the U.S., although some states have stricter laws in place. More than 180 laws cover workplace activities, protecting more than 165 million workers. Some of these related to the process of recruiting and hiring new employees.

What Are “Ban-the-Box” Laws?

Ban-the-box laws limit when an employer can ask about a candidate’s criminal history during the hiring process. The term refers to eliminating the box that must be checked on a traditional application when the individual has such a record.

Michigan does have a ban-the-box law in place, but it only applies to employers in the public sector. It encourages the same of private employers but is not a requirement. Public employers can only inquire about criminal history after conducting an initial interview or making a conditional employment offer.

Does Michigan Have Fair Hiring Laws That Differ from Federal Fair Hiring Laws?

Yes, there are several laws in place in Michigan that offer additional protections during the hiring process.

Do Michigan Hiring Laws Match or Differ from the Federal Equal Pay Act (EPA)?

The Elliott-Larsen Civil Rights Act (ELCRA) includes protections against discrimination based on gender in hiring. It provides broader protections than the federal law.

Do Michigan Hiring Laws Match or Differ from the Age Discrimination in Employment Act (ADEA)?

Michigan’s ELCRA extends protections against age-based discrimination in hiring to all individuals, regardless of age. By contrast, the ADEA only protects employees who are 40 years and older. The state law also includes all employers, while the ADEA applies to employers with 20+ employees.

Do Michigan Hiring Laws Match or Differ from the Americans with Disabilities Act (ADA)?

Under the Persons with Disabilities Civil Rights Act, employers in Michigan are restricted from discriminating against individuals with disabilities when making hiring decisions. It also requires accommodations, unless doing so would create undue hardship for the employer.

Do Michigan Hiring Laws Match or Differ from the Genetic Information Nondiscrimination Act (GINA)?

Michigan has its own law in place that prohibits employers from using genetic information to make hiring decisions. It applies to employers with 15+ employees.

Do Michigan Hiring Laws Match or Differ from Title VII of the Civil Rights Act of 1964?

The Michigan ELCRA has additional protected classes, including gender identity, marital status, weight, height, and gender identity. Employers may not discriminate based on any of these characteristics when hiring. It also applies to all employers in the state with at least one employee.

Are There Different Fair Hiring Laws in Cities or Municipalities Across Michigan?

Ann Arbor and Detroit have differing fair hiring laws in place. In Ann Arbor, all pay equity measures apply to government contractors and jobs. Detroit’s law makes wage scales more visible to applicants.

With the right tools, ensuring fairness when recruiting and hiring doesn’t have to cause problems. Learn more about the applicant tracking capabilities built into WorkforceHub, like automation of data tracking and reporting for valuable insights. We can help your business maintain compliance with fair hiring regulations.