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Summary of differences between federal and state regulations
Arrest & conviction record inquiries
In Michigan, an employer may not ask about information regarding a misdemeanor arrest, detention, or disposition where a conviction did not result. This does not apply to information relative to a felony charge before conviction or dismissal. According to the “Pre-employment Inquiry Guide” published by the Michigan Department of Civil Rights, employers may not ask about misdemeanor arrests that did not result in a conviction. Employers may ask about pending felony charges. MI Stat. Sec. 37.2205a.
State
Contacts
Employer immunity from disclosure claims
Michigan Department of Labor and Economic Growth
Arrest record inquiries
Michigan Department of Civil Rights
Conviction record inquiries
Michigan Department of Civil Rights
Regulations
Employer immunity from disclosure claims
Michigan Statute 423.451, Definitions
Michigan Statute 423.452, Disclosure of information relating to employee’s job performance; immunity; exception
Michigan Statute 423.506, Divulging disciplinary report, letter of reprimand, or other disciplinary action; notice; exceptions
Michigan Statute 423.507 Review of personnel record before releasing information; deletion of disciplinary reports, letters of reprimand, or other records; exception
Arrest record inquiries
Michigan Statute 37.2205a, Employer, employment agency, or labor organization; record of information regarding misdemeanor arrest, detention, or disposition; failure to recite or acknowledge information; “law enforcement agency” defined
Conviction record inquiries
Michigan Statute 37.2205a, Employer, employment agency, or labor organization; record of information regarding misdemeanor arrest, detention, or disposition; failure to recite or acknowledge information; “law enforcement agency” defined
Federal
Contacts
Employer immunity from disclosure claims
None.
Arrest record inquiries
Equal Employment Opportunity Commission (EEOC)
Conviction record inquiries
Equal Employment Opportunity Commission (EEOC)
Regulations
Employer immunity from disclosure claims
None.
Arrest record inquiries
None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.
Conviction record inquiries
None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.