Hello Perseous ...
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Answers are general information and are not intended to substitute for
informed legal advice; however, the following information is
available.
Yours is an interesting question. In a nutshell, the answer is "No,
there is no law against discriminating against people with a
nonviolent felony conviction." While it is not legal to ask about a
person's arrest record, it is, however, perfectly legal to ask about
felony convictions, and there is no law against refusing to hire a
person based on a felony conviction.
With the above caveat, I was able to find some information for you.
** Employment: Asking About Arrest Record **
It is not legal, pursuant to Michigans Elliott-Larsen Civil Rights
Act, to inquire as to an individual's arrest record, unless the
employer is a law enforcement agency.
- http://www.employer-resource.com/faq.htm
*** Michigan's Civil Rights Statutes ***
Michigan's clear-cut civil rights statutes are discussed on The
Insitute of Continuing Legal Education's Website, discusses the
prohibition of discrimination, "including discharge, against any
employee or applicant for employment on the basis of race, color,
religion, national origin, age, sex (including pregnancy), height,
weight or marital status. MCL 37.2202(1); MSA 3.548(202)(1)."
And covers discrimination against persons with disabilities, as well
- See: http://www.icle.org/sections/labor/faq/disc_mi.htm
*** Discrimination Against Persons With Felony Convictions ***
As you can see, there is no mention or prohibition of discriminating
against a person with a prior felony conviction (violent or
nonviolent).
Indeed, a search of the Michigan Department of Civil Rights produces
no returns at all on the terms "conviction", "felon" and the like,
while they offer numerous information packets for employers and
employees on the issues of discrimination.
- http://www.michigan.gov/mdcr/0,1607,7-138-4954---S,00.html
It is apparent that those convicted of a felony are not afforded
protection against discrimination on the basis of their convictions.
Indeed, they often lose some of the basic civil rights others who
don't have a felony conviction do enjoy. Justice Fellowship cites a
New York Times article about sanctions against convicted felons,
including the following:
"Many sanctions on criminals are not spelled out at sentencing and
don't even begin until the sentence is served. For instance,
ex-convicts are barred from public housing and prohibited from
receiving welfare or food stamps for life. Those convicted of drug
felonies are barred from receiving federal student loans, and can't
get certain jobs in plumbing, education, and other fields. Felons lose
the right to vote for life in some states ..."
- http://www.justicefellowship.org/JusticeFellowship/ChannelRoot/FeaturesGroup/Justice+eReport+Vol+2+No+1.htm
*** Further Information ***
The Flint Public Library offers resources for employment law and
discrimination on its Website. There is a great deal of information
about equal rights and discrimination; however, there is nothing that
prohibits discrimination against those with a felony conviction.
- http://www.flint.lib.mi.us/fpl/resources/law/employment.html
*** Search terms used ***
- Michigan employment law
- Michigan + discrimination
- Michigan rights + felony conviction
- Michigan civil rights
- Michigan rights: felons
Michigan is one of the states at the forefront of civil rights
legislation. With a lack of prohibition based on prior convictions, it
could be surmised that these laws won't be changed soon.
I trust this answered your question,
Serenata |