New Michigan Law Regarding Employee Interviews

Governor Rick Snyder signed a new bill into law that will affect your interview process.

The new bill, Public Act 84, was signed on March 26, 2018 as an amendment to the Local Government Labor Regulatory Limitation Act.

Public Act 84 prohibits local governments from using local policies that regulates what employers can request or require from employees during the interview process.

This also means that the local government cannot use local polices to implement a “don’t ask” or “ban-the-box” ordinance upon your business to regulate your hiring decisions. A “don’t ask” ordinance would prevent you from being able to ask questions about a candidate’s criminal history.

However, this bill does not prohibit local governments from using criminal background checks when candidates are applying for a license or permit from the government.

This bill will become effective on June 24, 2018.

Before Public Act 84 takes effect, here are some of the questions that Michigan employers are prohibited from asking during the interview process according to the Michigan Department of Civil Rights:

• Questions that elicit or suggest a preference to a specific race, color, religion, sex, marital status, height, age, and national origin etc.
• Questions regarding information needed for payroll processing and benefits before the applicant is hired (DO NOT request this information on a candidate’s application).
• Do not ask questions about a candidate’s misdemeanor arrest that did not result in a conviction.
• Asking for the candidate’s age or date of birth
• Asking for their birthplace as well as their relatives’ birthplace
• Asking for the candidate’s weight

At The Orsus Group, we want you and your employees to be prepared for any changes in Michigan’s labor laws. We know this information will be helpful for future interviews.

Disclaimer:

The Orsus Group blog is provided for informational purposes only. It is not intended to be comprehensive, and is not a substitute for and should not be construed as legal advice. The Orsus Group does not warrant any statements in this blog. Any statutes or laws cited herein should be read in their entirety. You should direct to your own experienced legal counsel questions involving your organization’s compliance with or interpretation or application of laws or regulations and any additional legal requirements that may apply.