We update this overview of ban-the-box rules often. But laws change quickly, and we cannot guarantee all information is current. Always consult your attorney for legal advice.
Guidance
Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.
STATE LAWS — PUBLIC SECTOR
Who must follow: This ban-the-box law applies only if you are public employer for the State of Michigan.
Timing of inquiry: An initial job application for state public sector employment may only ask for an affirmation of good character; inquiries into past felony convictions must be omitted. Public employers for the State of Michigan may only inquire into criminal history later in the hiring process after an initial interview or a conditional job offer has been made.
Who must follow: This ban-the-box law applies only if you are a public sector employer for the City of Ann Arbor, MI.
Timing of inquiry: Public sector employers for the City of Ann Arbor may not inquire into criminal history until after the applicant is found “otherwise qualified” and a conditional offer is made.
Adverse action implications:
Individualized assessment. Employers covered by this law must conduct an individualized assessment prior to sending a final adverse action notice.
Who must follow: This ban-the-box law applies only to public sector employers and vendors for the City of Detroit, MI. However, the requirements of vendors only apply when the vendor or contractor has a contract for at least $25,000.
Timing of inquiry: Public sector employers and vendors for the city of Detroit may not inquire into criminal history until the first interview or until the applicant is found to be otherwise qualified.
Who must follow: This ban-the-box law applies only to public sector employers for the City of East Lansing, MI.
Timing of inquiry: Public sector employers for the City of East Lansing may not inquire into criminal history until after the applicant is determined to be otherwise qualified.
Who must follow: This ban-the-box law applies only to public sector employers for Genesee County, MI.
Timing of inquiry: Public sector employers for Genesee County may only inquire into criminal records once a conditional offer is made.
Adverse action implications:
Pre-adverse action: An adverse action must not be finalized until the candidate has been offered the opportunity to discuss the circumstances of his or her criminal conviction.
Who must follow: All employers within the city of Grand Rapids.
Consideration of criminal records:
Employers may not consider arrests not leading to conviction
Employers may not have an outright ban on prospective employees with a criminal history
Adverse Action Requirements:
When considering whether or not to hire an individual on the basis of criminal history, employers must consider the nature and severity of the crime, the age of the individual at the time of the crime, whether there have been repeat offenses, whether the individual maintained a good employment history before or after the conviction, evidence of rehabilitation efforts, and whether the crime for which the individual was convicted may pose a demonstrable risk to the health, safety or welfare of other employees or persons or to property
Who must follow: This ban-the-box law applies only to public sector employers and vendors for the city of Kalamazoo, MI. However, restrictions apply to vendors and contractors only when they are bidding on City contracts over $25,000 or seeking tax abatements or loans.
Timing of inquiry: Public sector employers and vendors for the City of Kalamazoo may not inquire into criminal history on the job application.
Who must follow: This ban-the-box law applies only to public sector county employers in Oakland County, Michigan.
Timing of inquiry: Public sector county employers may not inquire into a candidate’s criminal history until after an initial offer of employment has been made. Exceptions apply for jobs that require a pre-employment background check by law.
Adverse action implications: If a candidate is disqualified on the basis of background check results, the county must notify the candidate and conduct an individualized assessment.
YPSILANTI, MI – PUBLIC AND PRIVATE SECTOR
Who must follow: This nondiscrimination ordinance applies to employers in the city of Ypsilanti, MI.
Adverse action implications: Employers may not discriminate against job applicants on the basis of felony or misdemeanor convictions unless there is a direct relationship between the conviction and the job or unless hiring the person would create an unreasonable risk to property or safety.
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