123.1384 Information employer must request, require, or exclude on employment application or during interview process; regulation by local governmental body prohibited.
312 words·~1 min read·
/mi/chapter-123/123-1384A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
123.1384 Information employer must request, require, or exclude on employment application or during interview process; regulation by local governmental body prohibited.
Sec. 4.
A local governmental body shall not adopt, enforce, or administer an ordinance, local policy, or local resolution regulating information an employer or potential employer must request, require, or exclude on an application for employment or during the interview process from an employee or a potential employee. This section does not prohibit an ordinance, local policy, or local resolution requiring a criminal background check for an employee or potential employee in connection with the receipt of a license or permit from a local governmental body.
History: 2015, Act 105 , Imd. Eff. June 30, 2015 ;-- Am. 2018, Act 84 , Eff. June 24, 2018
Compiler's Notes: Enacting section 1 of Act 105 of 2015 provides:"Enacting section 1. This act applies to ordinances, local policies, and local resolutions adopted after December 31, 2014. Nothing in this act shall be considered as an explicit or implicit authorization or recognition of the validity of any ordinance, local policy, or local resolution adopted before January 1, 2015. Nothing in this act authorizes a local governmental body to adopt an ordinance, local policy, or local resolution regulating the employment relationship as to matters described in this act, and nothing in this act shall be construed as an express or implied recognition of any such authority that may or may not exist elsewhere in state law.
Whether a local governmental body had the authority, before January 1, 2015, to adopt an ordinance, local policy, or local resolution regulating the employment relationship as to matters described in this act is a separate question that this act does not address. This act is not intended to be construed to impact the reasoning or outcome of pending litigation in any way, for or against any particular legal position."