On Dec 1. 2019 Grand Rapids, MI amended the “Human Rights” Ordinance affecting Discriminatory Housing and Employment Practices in regards to CRA’s (Consumer Reporting Agency) and background screenings. Although Michigan banned “Ban the Box”, the ordinance gets around this as it is characterized as a “discrimination law”.
In cases dealing with housing practices, an outright ban on prospective tenants with a criminal background is prohibited. History of a criminal conviction may be considered in
housing decisions, although arrest with no conviction may not be considered.
Landlords must carefully consider, on a case-by-case basis:
1. The nature and severity of the crime and;
2. The age of the individual at the time of the crime
3. Whether there have been repeated offenses and;
4. Whether the individual maintained a good tenant history before or after the conviction
5. Evidence of rehabilitation efforts and;
6. Whether the crime for which the individual was convicted may pose a demonstrable risk to the health, safety or welfare of other residents or persons (which would include manufacturing or distributing
illegal drugs) or to property.
In cases dealing with employment practices, the ordinance states no employer shall discriminate against a current or prospective employee with respect to hiring, tenure, terms, conditions, or privileges
of employment, or any matter directly or indirectly related to employment, unless
such action is based on a bona fide occupational qualification.
Bona fide occupational qualifications shall include:
1. Safety-Any decision based upon the reasonable and well-substantiated
belief that an individual’s physical or mental health poses a serious threat to
the health, safety, and welfare of the individual or other employees or
customers
2. Conviction Record-History of a criminal conviction may be considered in
employment decisions, although arrest with no conviction may not be
considered. An outright ban on prospective employees with a criminal
background is prohibited.
Employers must carefully consider, on a case-by-case basis:
a. The nature and severity of the crime and;
b. The age of the individual at the time of the crime
c. Whether there have been repeated offenses and;
d. Whether the individual maintained a good employment history before or after the
conviction
e Evidence of rehabilitation efforts and;
f. Whether the crime for which the individual was convicted may pose a demonstrable risk to the health,
safety or welfare of other employees or persons or to property.
Employers, property owners/management along with CRA’s need to adjust their policies and practices according to this ordinance.