Michigan Ban the Box Bill would Prevent Employers from Asking about Felony Convictions on Job Applications

Legislation under consideration in Michigan – HOUSE BILL No. 4366 – would “Ban the Box” on job applications that employers use to ask applicants about felony convictions with certain exceptions, according to a report on MLive.com. The complete text of HOUSE BILL No. 4366 is available at http://legislature.mi.gov/documents/2013-2014/billintroduced/House/htm/2013-HIB-4366.htm.

Under HOUSE BILL No. 4366 – also known as the “Employment Application Fairness Act” – an employer in the state of Michigan “shall not make or use an initial application for employment that elicits or attempts to elicit information concerning conviction of a felony” with the following exceptions:

• A background check or any written, electronic, or oral inquiry that takes place after the submission of the initial application for employment.
• An inquiry that is necessary to enable an employer to comply with a requirement of state or federal law.

Introduced in March 2013 by Representative Fred Durhal Jr. (D-Detroit), HOUSE BILL No. 4366 also allows a person alleging a violation of the act to bring a civil action for relief or damages or both. The House Commerce Committee has heard testimony on the bill but has not voted, MLive.com reports.

According to a Ban the Box Resource Guide from the National Employment Law Project (NELP), several states and more than 50 cities and counties in the U.S. have adopted similar legislation. The Resource Guide from NELP is available at http://nelp.3cdn.net/ce31d03afc257a8131_gpm6bfwwb.pdf.

A NELP study titled ‘65 Million Need Not Apply’ estimated that 64.6 million people – representing 27.8 percent or more than one in four adults in the United States – had a criminal record for either an arrest or a conviction. The study is available at http://nelp.3cdn.net/e9231d3aee1d058c9e_55im6wopc.pdf.

“Ban the Box” is a rapidly growing trend in hiring practices. To learn more, visit Employment Screening Resources® (ESR) – a nationwide screening firm accredited by The National Association of Professional Background Screeners (NAPBS®) –  at https://www.esrcheck.com or call Toll Free 888.999.4474.

Sources:

http://legislature.mi.gov/documents/2013-2014/billintroduced/House/htm/2013-HIB-4366.htm

http://www.mlive.com/business/index.ssf/2013/11/michigan_bill_would_ban_employ.html

http://nelp.3cdn.net/ce31d03afc257a8131_gpm6bfwwb.pdf

http://nelp.3cdn.net/e9231d3aee1d058c9e_55im6wopc.pdf

About Employment Screening Resources® (ESR):

Founded by safe hiring expert Attorney Les Rosen in 1997, Employment Screening Resources® (ESR) – ‘The Background Check Authority®’– provides accurate and actionable information that empowers employers to make informed hiring decisions for the benefit of their organizations, employees, and the public. CEO Rosen literally wrote the book on background checks with “The Safe Hiring Manual” and ESR is accredited by The National Association of Professional Background Screeners (NAPBS), a distinction held by a small percent of screening firms. Employers choosing ESR know they have selected an agency meeting the highest industry standards. To learn more about ESR, visit https://www.esrcheck.com or call toll free 888.999.4474.

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