section. This section does not apply to information relative to a felony charge before conviction or dismissal.
(2) As used in this section, “law enforcement agency” includes the state department of corrections.
History: 1976, Act 453, Eff. Mar. 31, 1977;Am. 1978, Act 610, Eff. Mar. 30, 1979;Am. 1982, Act 45, Eff. Mar. 30, 1983;
Am. 1999, Act 202, Eff. Mar. 10, 2000.
Compiler's note: Enacting section 1 of Act 202 of 1999 provides:
“Enacting section 1. This amendatory act is curative and intended to correct any misinterpretation of legislative intent in the court of
appeals decision Neal v Department of Corrections, 232 Mich App 730 (1998). This legislation further expresses the original intent of the
legislature that an individual serving a sentence of imprisonment in a state or county correctional facility is not within the purview of this
act. ”
37.2205b Repealed. 1982, Act 45, Eff. Mar. 30, 1983.
Compiler's note: The repealed section pertained to announcing availability of polygraph examination.
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, which
indicates a preference, limitation, specification, or discrimination, based on religion, race, color, national
origin, age, sex, 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:
(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, height, weight, or marital status of a prospective
employee.
(b) Make or keep a record of information described in subdivision (a) or to 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, height, weight, or
marital status of a prospective employee.
History: 1976, Act 453, Eff. Mar. 31, 1977.
Administrative rules: R 37.1 et seq. of the Michigan Administrative Code.
37.2207 Individual seeking employment; prohibited practices.
Sec. 207. An individual seeking employment shall not publish or cause to be published a notice or
advertisement that specifies or indicates the individual's religion, race, color, national origin, age, sex, height,
weight, or marital status, or expresses a preference, specification, limitation, or discrimination as to the
religion, race, color, national origin, age, height, weight, sex, or marital status of a prospective employer.
History: 1976, Act 453, Eff. Mar. 31, 1977.
37.2208 Application for exemption; bona fide occupational qualification.
Sec. 208. A person subject to this article may apply to the commission for an exemption on the basis that
religion, national origin, age, height, weight, or sex is a bona fide occupational qualification reasonably
necessary to the normal operation of the business or enterprise. Upon sufficient showing, the commission may
grant an exemption to the appropriate section of this article. An employer may have a bona fide occupational
qualification on the basis of religion, national origin, sex, age, or marital status, height and weight without
obtaining prior exemption from the commission, provided that an employer who does not obtain an
exemption shall have the burden of establishing that the qualification is reasonably necessary to the normal
operation of the business.
History: 1976, Act 453, Eff. Mar. 31, 1977.
37.2209 Covenants.
Sec. 209. A contract to which the state, a political subdivision, or an agency thereof is a party shall contain
a covenant by the contractor and his subcontractors not to discriminate against an employee or applicant for
employment with respect to hire, tenure, terms, conditions, or privileges of employment, or a matter directly
or indirectly related to employment, because of race, color, religion, national origin, age, sex, height, weight,
or marital status. Breach of this covenant may be regarded as a material breach of the contract.
History: 1976, Act 453, Eff. Mar. 31, 1977.
37.2210 Plan.
Sec. 210. A person subject to this article may adopt and carry out a plan to eliminate present effects of past
Rendered Monday, January 09, 2012 Page 4 Michigan Compiled Laws Complete Through PA Compiled
through Act 255 & includes 257, 259-263, 268, 270-272, 276 &
280 of 2011
Legislative Council, State of Michigan
Courtesy of www.legislature.mi.gov