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Employment Laws in Michigan

Filed under Office & HR.

Employers in Michigan must conform to these state rules relating to the employment relationship.

Employee does not include an individual employed in the domestic service of a person.

Employer means a person who has one or more employees and includes an agent of an employer.

For disability purposes; an employer also includes a person working as a contractor or subcontractor, furnishing material or performing work for the state or a governmental agency of the state and the agent of an employer.

Prohibited Employment Discrimination

It is unlawful to discriminate against an employee or job applicant on the basis of the individual's:

  • disability
  • religion
  • race
  • color
  • national origin
  • age
  • sex (including pregnancy, childbirth or related medical conditions)
  • height or weight
  • marital status
  • refusal to provide an arrest record that did not result in a conviction

Pregnancy-related discrimination. Employers are prohibited from treating an individual affected by pregnancy, childbirth, or a related medical condition differently for any employment-related purpose from another individual who is not so affected but similar in ability or inability to work, without regard to the source of any condition affecting the other individual's ability or inability to work.

Jury service. Employers must not attempt to persuade any employee to avoid jury service or threaten any employee concerning jury service. Employers can not discharge an employee or subject the employee to adverse employment action because of the employee's jury service if reasonable notice of the service is given to the employer. Employers can not require or request employees to use annual, vacation, or sick leave for time spent responding to jury duty summons, participating in jury selection, or serving on juries.

Employers of five or fewer employees may reschedule jury service for an employee if another employee has been summoned to appear during the same period.

Online account information. Employers are not permitted to ask applicants and employees for passwords and other information used to access online accounts, including email and social networks.

Recordkeeping Requirements

Employers may not make or keep a record of information or disclose information concerning the disability of a prospective employee for reasons contrary to the provisions or purposes of the Persons with Disabilities Civil Rights Act.

Posting Requirements

An employer must post notices or use other appropriate means to provide all employees and job applicants with notice of the complaint procedures under the Persons with Disabilities Civil Rights Act.

As relief or penalty for a civil rights violation, an employer may be directed to post in a conspicuous place notices setting forth requirements for compliance with the Civil Rights Act or other relevant information that the Commission determines necessary to explain the Act.

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