Bill Text: MI HB4083 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Labor: fair employment practices; employer inquiries regarding criminal history; prohibit before offer of employment is made. Creates new act.
Spectrum: Partisan Bill (Democrat 17-0)
Status: (Introduced - Dead) 2021-02-03 - Bill Electronically Reproduced 02/02/2021 [HB4083 Detail]
Download: Michigan-2021-HB4083-Introduced.html
HOUSE BILL NO. 4083
February 02, 2021, Introduced by Reps. Cynthia
Johnson, Aiyash, Tyrone Carter, Brixie, Thanedar, Stone, Hammoud, Scott,
Cavanagh, Young, Sowerby, Rabhi, Whitsett, Brabec, Hood, Weiss and Jones
and referred to the Committee on Commerce and Tourism.
the people of the state of michigan enact:
Sec. 1. This act shall be known and may be cited as the "job applicant criminal history act".
(a) "Applicant" means an individual considered or who requests to be considered for employment by an employer.
(b) "Arrest" means being apprehended, detained, taken into custody, held for investigation, or restrained by a law enforcement agency or law enforcement officer based on a criminal accusation or suspicion that the individual committed a crime.
(c) "Conditional offer of employment" means an offer of employment that is conditional only on 1 or more of the following:
(i) The result of the employer's subsequent inquiry into the applicant's criminal record.
(ii) Any other employment-related contingency expressly communicated to the applicant at the time of the offer.
(d) "Criminal accusation" means an accusation made by a law enforcement agency, prosecuting attorney, or attorney general through an indictment, information, complaint, or other formal charge that an individual has committed a crime.
(e) "Criminal conviction" means a judgment entered by a court upon a plea of guilty, guilty but mentally ill, or nolo contendere, or upon a jury verdict or court finding that a defendant is guilty or guilty but mentally ill.
(f) "Department" means the department of civil rights.
(g) "Employer" means a person, this state, or a political subdivision of this state that employs 1 or more employees in this state. Employer includes, but is not limited to, the following:
(i) An agent of an employer.
(ii) A person regularly undertaking with compensation to procure employees for an employer or to procure for individuals opportunities to work for an employer.
(iii) A person that enters into a contract with this state or a political subdivision of this state to provide goods or services.
(h) "Employment" means any of the following:
(i) An occupation, vocation, job, or work for pay, including, but not limited to, temporary or seasonal work, contracted work, contingent work, and work through the services of a temporary or other employment agency.
(ii) Vocational or educational training with or without pay.
(i) "Inquiry" or "inquire" means conduct intended to gather information from or about an applicant using any method, including application forms, interviews, and criminal history checks.
(j) "Interview" means direct contact by an employer with an applicant, whether in person or by telephone, to discuss the employment being sought or the applicant's qualifications.
Sec. 5. (1) An employer shall not inquire about or require an applicant to disclose any of the following:
(a) An arrest of the applicant.
(b) A criminal accusation made against the applicant, if the criminal accusation is not then pending or did not result in a criminal conviction.
(c) Before making a conditional offer of employment, a criminal conviction of the applicant.
(2) Subsection (1) does not apply to any of the following:
(a) Inquiries that are necessary to enable the employer to comply with state or federal law.
(b) Employment designated by the employer as part of a state or federal program or obligation that is designed to encourage the employment of individuals with criminal histories.
(c) An employer that provides programs, services, or direct care to minors or vulnerable adults.
(3) After an employer has made a conditional offer of employment to an applicant, the employer may revoke the conditional offer of employment or take an adverse action against the applicant based on the results of an inquiry into the applicant's criminal record. The employer's revocation of the conditional offer must be reasonable based on all the following factors:
(a) The specific duties and responsibilities related to the employment sought or held by the applicant.
(b) The effect that the criminal offense for which the applicant was criminally convicted has on the applicant's fitness for the employment sought or ability to perform the specific duties or responsibilities described in subdivision (a).
(c) The amount of time that has elapsed since the occurrence of the criminal offense.
(d) The age of the applicant at the time of the occurrence of the criminal offense.
(e) The frequency and seriousness of the criminal offense.
(f) Any information produced by the applicant, or produced on the applicant's behalf, regarding the applicant's rehabilitation and good conduct since the occurrence of the criminal offense.
(4) Within 15 days after revoking a conditional offer of employment under subsection (3), an employer shall provide the applicant with a copy of any records obtained by the employer in consideration of the applicant for employment, including, but not limited to, criminal records.
Sec. 7. (1) An individual aggrieved by a violation of this act may do either of the following:
(a) File a complaint with the department.
(b) Bring a civil action for appropriate injunctive relief or damages, or both, in the circuit court for the county where the alleged violation occurred or where the person against whom the civil complaint is filed resides or has his or her principal place of business. In addition to any other remedies provided for under this section, the court may award damages for injury or loss caused by each violation of this act and all or a portion of the costs of litigation, including reasonable attorney fees and witness fees, to the complainant in the action. Filing a complaint with the department under subdivision (a) is not a prerequisite or a bar to bringing an action under this subdivision.
(2) The department shall investigate a complaint submitted under subsection (1)(a), determine whether a violation of this act occurred, and notify the complainant and alleged violator of the determination. If the department determines that an employer has repeatedly violated this act, the department shall issue an order to cease and desist to the employer.
(3) An employer that violates this act may be ordered to pay a civil fine as follows:
(a) For employers that employ 10 or fewer employees, a civil fine of not more than $500.00.
(b) For employers that employ 11 or more but 99 or fewer employees, a civil fine of not more than $1,000.00.
(c) For employers that employ 100 or more employees, a civil fine of not more than $1,500.00.
(4) Fifty percent of a civil fine recovered under this act must be remitted to the complainant who filed the complaint that resulted in the recovery of the civil fine.
Sec. 11. (1) The department shall maintain all of the following data regarding this act:
(a) The number of complaints filed.
(b) Demographic information about the complainants.
(c) The number of investigations conducted by the department.
(d) The disposition of every complaint and investigation.
(2) By March 31 of each year, beginning in 2022, the department shall provide a written report regarding the information described in subsection (1) to the chairpersons of the standing committees and the appropriations subcommittees of the house of representatives and senate having jurisdiction over legislation pertaining to employment discrimination. The report must comply with all of the following:
(a) Be in a form that does not identify a complainant or employer.
(b) Include, based on the information in subsection (1) and any other information obtained by the department, a description of the effect that this act has had on the hiring of applicants with criminal histories by employers and on employers.
Sec. 13. The department may promulgate rules to implement this act pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
