Illegal Interview Questions in Michigan: What Employers Cannot Ask

Federal law prohibits discrimination in hiring based on protected characteristics under Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e), which covers employers with 15 or more employees. Title VII prohibits inquiries about race, color, religion, sex, or national origin. The Age Discrimination in Employment Act of 1967 (ADEA, 29 U.S.C. § 623) prohibits age-related questions for employers with 20+ employees. The Americans with Disabilities Act of 1990 (ADA, 42 U.S.C. § 12101) prohibits disability-related inquiries before a conditional job offer, though post-offer medical exams are allowed.

The Equal Employment Opportunity Commission (EEOC) enforces these laws. Questions about arrest or conviction records are disfavored under EEOC guidance, though not absolutely prohibited; employers must consider job-relatedness and use individualized assessment. Questions about genetic information are prohibited under the Genetic Information Nondiscrimination Act (GINA, 42 U.S.C. § 1681). Remedies include back pay, front pay, compensatory damages, punitive damages up to $300,000 (depending on employer size), and attorney fees. A charge must be filed with the EEOC within 180 days of the discriminatory act in non-deferral states, or 300 days in deferral states.

Michigan's Elliott-Larsen Civil Rights Act (MCL 37.2101 et seq.) extends broader protections than federal law and applies to employers with one or more employees—significantly lower than the federal 15-employee threshold. Michigan prohibits interview questions about: race, color, religion, national origin, sex, marital status, age, height, weight, arrest or conviction records (with extremely limited exceptions), disability, and genetic information.

Michigan's law is stronger than federal law in several ways. First, it covers smaller employers (one employee vs. 15 federally). Second, Michigan provides broader disability protections through the Persons with Disabilities Civil Rights Act (MCL 37.1101), which requires employers to make reasonable accommodations and restricts medical inquiries more stringently than the ADA. Third, Michigan prohibits marital status questions entirely, whereas federal law does not. Fourth, Michigan's arrest/conviction restrictions are more protective—employers can only ask about convictions directly related to job duties, and even then only after determining the individual is otherwise qualified.

The Michigan Department of Civil Rights (MDCR) enforces these laws. Michigan allows for state court action and administrative complaint filing. Remedies include actual damages, compensatory damages for emotional distress, punitive damages (which can be substantial), back pay, front pay, attorney fees, and civil penalties. Unlike federal law's damage caps, Michigan does not impose statutory caps on punitive damages in civil rights cases. The statute of limitations is three years for filing a complaint with MDCR, and civil actions may also be brought directly in state court.

The primary exception to Michigan's interview question restrictions concerns conviction records. An employer may ask about convictions only if the conviction is directly related to the essential functions of the job, and the employer must still individually assess whether the person should be excluded based on the conviction. Mere arrest records cannot be asked about—only actual convictions. Even then, the employer must consider factors including how long ago the conviction occurred, the nature of the crime, the nature of the job, and evidence of rehabilitation.

A second narrow exception exists for legitimate occupational qualifications (BFOQ) under MCL 37.2202, but this is interpreted very restrictively in Michigan and federal courts. For example, an employer cannot exclude someone from consideration based on age for a customer service position just because they believe younger workers are more dynamic. The BFOQ defense requires proof that the protected characteristic is essential to job performance.

Federal law contains a BFOQ defense under Title VII (42 U.S.C. § 2000e-2(e)), but it is rarely upheld. Private clubs and religious organizations have carve-outs under Title VII, but Michigan's Elliott-Larsen law also carves out bona fide religious organizations (MCL 37.2205), though more narrowly. Additionally, the pre-offer vs. post-offer distinction applies: under the ADA, disability-related questions are prohibited before a conditional job offer, but permissible post-offer. Michigan follows this framework but goes further—even post-offer medical inquiries must be job-related and consistent with business necessity.

Michigan law contains no exception based on at-will employment. Even at-will employees retain full protection against discriminatory questioning during the hiring process.

Step 1: Document Everything. Immediately after the interview, write down every question asked that felt inappropriate, the exact wording if possible, who asked it, the date, time, and any witnesses. Keep the job posting, your resume or application, any emails about the position, and notes on your qualifications. If the interview was virtual, check your email for any recordings or transcripts. Save screenshots of the job description showing it did not mention the topic they asked about. Create a timeline of events and your interactions with the employer.

Step 2: Internal Complaint Process. Before filing externally, consider sending a written email to the employer's HR department or hiring manager expressing concern about the interview question and requesting clarification on how it relates to job duties. This is not required but can sometimes resolve issues and creates a paper trail. Request a response within 10 business days. However, do not delay external filing based on internal responses—this step is optional and should not consume more than 2-3 weeks of the 3-year statute of limitations.

Step 3: File a Complaint with the Michigan Department of Civil Rights (MDCR). You have 3 years from the date of the alleged discrimination. The Michigan Civil Rights Commission (MCRC) accepts complaints on behalf of MDCR. Visit the official website at www.michigan.gov/mdcr or call 1-800-482-3604. You can file online, by mail, or in person. Provide: (1) your name, address, and contact information, (2) the employer's name, address, and number of employees, (3) the date(s) of the alleged discrimination, (4) detailed description of the interview question(s) that violated the law and why, (5) names of any witnesses, (6) any documents supporting your claim (emails, job posting, notes), and (7) what outcome you seek (back pay if you lost the job, compensation for emotional distress, etc.). There is no filing fee. You may also file concurrently with the EEOC (which covers federal laws) by contacting the Detroit EEOC office, but the 3-year Michigan deadline is longer and preferable.

Step 4: The Investigation Process. After MDCR receives your complaint, it will be assigned to an investigator. The investigator will contact you to gather more information and then contact the employer for their response. This process typically takes 60-120 days but can extend longer if either party requests additional time. You will receive updates by email or phone. The employer will be asked to produce the job description, interview notes, training materials on interview practices, and any records showing how other candidates were treated. The investigator may interview the interviewer and other company employees. Once the investigation is complete, MDCR will issue a Finding of Fact. If discrimination is found, MDCR will attempt conciliation (settlement negotiation). If conciliation fails, the case may proceed to MCRC hearing (administrative law judge hearing) or civil court.

Step 5: Consult an Attorney. You should consult an employment law attorney in Michigan before or immediately after filing your MDCR complaint. Many employment lawyers offer free initial consultations. An attorney can: (1) advise whether your case is strong, (2) help prepare your complaint with maximum detail, (3) represent you in MDCR investigation and conciliation, (4) advocate at the MCRC hearing if the case proceeds, and (5) negotiate a settlement. Michigan allows recovery of attorney fees and costs, so many attorneys work on contingency (they take a percentage of any settlement or judgment). Look for attorneys licensed in Michigan who specialize in employment discrimination. The State Bar of Michigan Lawyer Referral Service (www.michbar.org) can help locate qualified counsel.