Mich. Comp. Laws § 37.2206

Employer, labor organization, or employment agency; prohibited practices.

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ELLIOTT-LARSEN CIVIL RIGHTS ACT


Act 453 of 1976


37.2206 Employer, labor organization, or employment agency; prohibited practices.

Sec. 206.

    (1) An employer, labor organization, or employment agency shall not print, circulate, post, mail, or otherwise cause to be published a statement, advertisement, notice, or sign relating to employment by the employer, or relating to membership in or a classification or referral for employment by the labor organization, or relating to a classification or referral for employment by the employment agency, that indicates a preference, limitation, specification, or discrimination, based on religion, race, color, national origin, age, sex, sexual orientation, gender identity or expression, height, weight, or marital status.

    (2) Except as permitted by rules promulgated by the commission or by applicable federal law, an employer or employment agency shall not do any of the following:

    (a) Make or use a written or oral inquiry or form of application that elicits or attempts to elicit information concerning the religion, race, color, national origin, age, sex, sexual orientation, gender identity or expression, height, weight, or marital status of a prospective employee.

    (b) Make or keep a record of information described in subdivision (a) or disclose that information.

    (c) Make or use a written or oral inquiry or form of application that expresses a preference, limitation, specification, or discrimination based on religion, race, color, national origin, age, sex, sexual orientation, gender identity or expression, height, weight, or marital status of a prospective employee.

    

    

History: 1976, Act 453, Eff. Mar. 31, 1977 ;-- Am. 2023, Act 6, Eff. Feb. 13, 2024

AdminRule Notes:

    R 37.1 et seq. of the Michigan Administrative Code.

Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 1986–2024 · leading case: Whirlpool Corp. v. Civil Rights Commission
Whirlpool Corp. v. Civil Rights Commission (1986) mich · cites it 6× “[MCL 37.2206(2)(a); MSA 3.548(206)(2)(a). Emphasis supplied.”
Booth Newspapers, Inc v. University of Michigan Board of Regents (1993) mich · cites it 2× “MCL 37.2206; MSA 3.548(206). Thus, it is incomprehensible to read the OMA as permitting the regents to conduct a closed meeting to consider personal information that it can neither obtain on an employment application nor consider in making its decision, absent a violation of the…”
St. Joseph Parish St. Johns v. Dana Nessel (2024) ca6 · cites it 3× “See Mich. Comp. Laws §§ 37.2206 (2)(c), 37.2302(b).”
Bracy v. Consumers Energy Company (2022) mied “§ 37.2206(2)(a)-(c) and consists of direct evidence of unlawful discrimination in violation of the ELCRA.”
— Mich. Comp. Laws § 37.2206(2)(a) — 2 cases
Whirlpool Corp. v. Civil Rights Commission (1986) mich “[MCL 37.2206(2)(a); MSA 3.548(206)(2)(a). Emphasis supplied.”
Bracy v. Consumers Energy Company (2022) mied “§ 37.2206(2)(a)-(c) and consists of direct evidence of unlawful discrimination in violation of the ELCRA.”
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