September 17, 2021

Volume XI, Number 260

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Michigan Supreme Court Pushes Back Effective Date for Personal Identifying Information Restrictions on Court Records

In May 2019, the Michigan Supreme Court issued rules that when implemented generally would prohibit Michigan courts from releasing personal identifying information (PII), such as birthdates, on court records. The rules were set to go into effect on July 1, 2021. Because consumer reporting agencies (CRAs) use PII to confirm the identities of the subjects of records and to comply with verification standards set forth in the Fair Credit Reporting Act (FCRA), CRAs would have been affected by the restrictions on access to court files, potentially impacting the timely and accurate release of background check information in Michigan. Although the state had been working on a bypass system that would enable employers to obtain subjects’ consent to allow PII to be included in court records pulled for employment purposes, the system was unlikely to be in place by the rules’ effective date.

On June 30, 2021, the Michigan Supreme Court pushed back the effective date of the restrictions to January 1, 2022. This extension should enable employers and CRAs to better prepare for the impact of the rules changes.

© 2021, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.National Law Review, Volume XI, Number 190
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About this Author

Gustavo Suarez, Gus, Employment Law Attorney, counseling, background checks, EEOC, Ogletree Deakins Law Firm
Of Counsel

Gustavo (“Gus”) Suárez assists employers with a broad range of employment law issues, including counseling on federal and state background check and e-signature law; investigating and defending EEOC charges; advising on immigration compliance issues (including I-9 training and internal audits); and defending Title VII, defamation, and breach of contract lawsuits against employers.

Gus regularly speaks at employment conferences on topics like background check law, I-9 compliance, and the South Carolina Illegal Immigration Reform Act.

864-271-1300
Daniel Cohen, Employment, Litigation, Ogletree, Michigan
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Mr. Cohen has counselled management and represented employers in all aspects of labor law, employment law and litigation exclusively since 1988.  Before joining Ogletree Deakins, he had been a founding principal of a respected local boutique for more than 16 years.  A large part of his practice involves the assistance of human resource professionals with the administration of workplace policies and procedures with an emphasis on litigation avoidance, wage and hour compliance, workplace violence prevention, affirmative action, union negotiations and contract...

248-723-6165
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