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Summary of differences between federal and state regulations
There is no one federal law that specifically addresses employment applications, although there are record retention guidelines under a variety of federal laws (see the Recordkeeping topic) and non-discrimination provisions for hiring in general (see the Discrimination topic).
Michigan has a number of laws regarding employment applications:
It is unlawful for an employer to use a form of application that elicits or attempts to elicit information concerning the religion, race, color, national origin, age, sex, height, weight, or marital status of a job applicant. It is also unlawful for an employer to use a form of application that expresses a preference or discrimination based on religion, race, color, national origin, age, sex, height, weight, or marital status of an applicant except for a bona fide occupational qualification. Michigan Compiled Laws Ch. 37, 453-1976-2 §37.2206 and §37.2208
An employer may not use a form of application that elicits or attempts to elicit information from a job applicant or that expresses a preference regarding disability for discriminatory purposes. MCL Chapter 37, 220-1976-2 §37.1206
An employer (other than a law enforcement agency) may not request information in connection with an employment application regarding a person’s misdemeanor arrest, detention or disposition where a conviction did not result. An applicant is not guilty of perjury for withholding this information on an application. MCL Ch. 37, 453-1976-2 §37.2205a
If an employer develops a writing requesting an individual to denote their racial or ethnic classification, the writing shall use the term “multiracial” as a classification and not the term “other.” MCL Ch. 37, 453-1976-2 §37.2202
State
Contact
Regulations
Michigan Compiled Laws Ch. 37, 453-1976-2 §37.2206
MCL Ch. 37, 453-1976-2 §37.2208
MCL Ch. 37, 220-1976-2 §37.1206
MCL Ch. 37, 453-1976-2 §37.2205a
MCL Ch. 37, 453-1976-2 §37.2202
Federal
Contacts
None.
Regulations
None.