Applications - Michigan

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

Michigan Department of Consumer and Industry Services Bureau of Workers’ and Unemployment Compensation; Wage and Hour Division

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.