Michigan House Bill HB4960

Michigan 2023-2024 Regular Session

• Introduced: 9/7/23
• Refer: 9/7/23
• Refer: 9/28/23
• Report Pass: 10/10/23
• Engrossed: 10/31/23
• Refer: 11/1/23
• Report Pass: 4/23/24
• Refer: 4/23/24

Caption

Labor: fair employment practices; certain criminal history information about a job applicant or employee; prohibit employers and labor organizations from requesting or maintaining a record of. Amends sec. 205a of 1976 PA 453 (MCL 37.2205a).

Impact

The proposed amendments to the Elliott-Larsen Civil Rights Act would significantly impact employment practices in Michigan. By restricting access to certain criminal history information, the legislation seeks to alleviate the stigma associated with non-felonious offenses, thereby enhancing employment prospects for many individuals who might otherwise face discrimination in the hiring process. This change is seen as a step towards advancing civil rights and promoting equity within the state's labor market.

Summary

House Bill 4960 aims to amend the Elliott-Larsen Civil Rights Act by limiting the types of criminal history information that employers, employment agencies, and labor organizations can request or maintain about job applicants and employees. Specifically, the bill prohibits these entities from inquiring about misdemeanor arrests where no conviction occurred, convictions that have been set aside, placements on probation, and certain juvenile statuses. This is intended to promote fair employment practices and reduce barriers for individuals with previous non-felony criminal records in accessing job opportunities.

Sentiment

Discussions around HB 4960 have generally been positive, with proponents arguing that the bill supports workforce diversity and inclusion, particularly for marginalized groups who may have faced obstacles due to their criminal history. Advocacy groups have supported the bill, viewing it as essential for reducing discrimination based on past mistakes. Conversely, there are concerns from some stakeholders about potential challenges in ensuring workplace safety and accountability, particularly within sectors requiring high levels of trust and security.

Contention

Notable points of contention revolve around the balance between protecting the rights of applicants and maintaining employer discretion in hiring practices. While supporters assert that the bill is necessary to prevent unjust exclusions of qualified candidates based on outdated or irrelevant criminal records, critics warn that the legislation might hinder the ability of employers to make informed hiring decisions. This ongoing debate underscores the complexities of criminal justice reform and employment rights within the context of Michigan's legal framework.