Interviewing and Selecting Job Candidates: Michigan

Federal law and guidance on this subject should be reviewed together with this section.

Author: Daniel Cohen, Ogletree Deakins

Summary

• Michigan prohibits discrimination in the hiring process based on a candidate's membership in a protected classification. See The Application Process.
• Michigan disability discrimination law has similarities to the Americans with Disabilities Act. However, unlike the ADA, the Michigan law covers all employers and requires many employers to purchase adaptive devices as an accommodation. See Disability.
• Employers may not inquire about arrests that did not result in convictions, or make or create a record of arrests that did not result in a conviction. See Arrest and Conviction Records.
• The Michigan Department of Civil Rights has a list of permissible and impermissible preemployment inquiries. See Permissible vs. Impermissible Questions.
• A new Michigan law generally prohibits employers from seeking access to job applicants' or employees' personal internet accounts. SeeSocial Media Privacy Protection Law.
• Employers must conduct a reasonably thorough background check of job candidates to avoid negligent hiring lawsuits, while respecting the privacy interests of the candidates. See Selecting Candidates and Reference Checks.