Preemployment Screening and Testing: Michigan

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

Author: Daniel Cohen, Ogletree Deakins

Summary

• Michigan law prohibits employers, other than law enforcement agencies, from requesting and requiring applicants to disclose arrests that did not result in a conviction. See Arrest and Conviction Records.
• Michigan requires mandatory criminal background checks for a number of occupations. See Mandatory Background Checks.
• Michigan recognizes a cause of action for negligent hiring. Thus, Michigan employers must conduct a reasonably thorough background investigation of the applicant and should contact the applicant's references and former employers. See Negligent Hiring.
• Michigan employers generally are free to require job applicants to undergo drug testing, but should require applicants to sign consent forms to protect against invasion of privacy claims, which are recognized in Michigan. See Drug Testing.
• Michigan law prohibits employers from requiring genetic testing as a condition of employment. See Genetic Testing.
• Michigan's personnel records law prohibits employers from gathering or keeping a record of certain non-employment activities. See Employee Records.
• In Michigan, it is a misdemeanor for an employer to require job applicants to pay for a medical examination. See Medical Examination Charges.
• There is a mandatory E-Verify requirement for certain contractors and subcontractors in the state. See E-Verify.
• Localities including Detroit and Kalamazoo have requirements pertaining to preemployment screening and testing. See Local Requirements.