Michigan Employment Disability Discrimination

The Persons With Disabilities Civil Rights Act (PWDCRA) is the Michigan law that prohibits discrimination against an individual based on disability.

In the employment context, the legal definition of disability is:

• A determined physical or mental characteristic that may result from disease, injury, congenital condition of birth, or functional disorder
• If the characteristic:
  
  • Substantially limits one or more major life activities, and
  • Is unrelated to the individual’s ability to perform the essential functions of the job.
    

However, the PWDCRA does not protect a person whose only disability is lack of the skill or knowledge to perform a particular job. Instead, the law covers an individual with a substantial impairment in handling activities that have central importance to daily life. In other words, the person must have a disability in daily life, as well as in the workplace.

Under state law, an employer must accommodate a worker with a disability, unless doing so would impose an undue hardship. Determining whether a requested accommodation would be an undue hardship, is based on a formula, which factors in that employer’s total number of employees and the state average weekly wage.

A worker must give his or her employer a written request for an accommodation within 182 days of time that the worker knows of the need for the accommodation.

Applying these legal protections to the unique situation of a individual with a specific disability can be complicated. If you or a loved one has experienced disability discrimination, it is important to talk with a Michigan employment discrimination lawyer with experience in Michigan and federal employment law.

Federal Disability Discrimination Law
Title I of the Americans with Disabilities Act of 1990 (ADA) prohibits employers from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, or other terms, conditions, and privileges of employment.

The ADA covers private employers with 15 or more employees, state and local governments, employment agencies, and labor organizations. The federal Rehabilitation Act provides that ADA non-discrimination standards also apply to federal government agencies.

Under the ADA, an individual with a disability is a person who:

• Has a physical or mental impairment that substantially limits one or more major life activities,
• Has a record of such an impairment, or
• Is regarded as having such an impairment.
  

An employee or applicant with a disability is considered qualified for a job, if he or she can perform the essential functions of that job, with or without reasonable accommodation.

A reasonable accommodation includes:

• Making existing workplace facilities readily accessible to and usable by a persons with a disability.
• Restructuring of a job, modifying a work schedule, or reassigning to a vacant position.
• Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters.
  

An employer is required to make a reasonable accommodation for the known disability of a qualified applicant or employee, if the change would not impose an undue hardship on the operation of the employer's business. The ADA defines undue hardship as an action requiring significant difficulty or expense, when considered in light of factors such as an employer's size, financial resources, and the nature and structure of its operation.

An employer is not required to accommodate a worker with a disability by lowering quality or production standards, or by providing personal use items, such as eyeglasses or hearing aids.

Medical Examinations and Inquiries
An employer may not ask a job applicant for information about the existence, nature, or severity of a disability. However, it may ask about the applicant’s ability to perform specific job functions. In addition, an employer may make a job offer, conditioned on the results of a medical examination, if it requires all prospective employees in similar jobs to have examinations. The scope of any medical examination must be job-related and consistent with the employer's business needs.

Drug and Alcohol Abuse
The ADA does not cover employees or job applicants who currently use illegal drugs, and it does not prohibit drug tests. Employers may hold illegal drug users and alcoholics to the same performance standards as other employees.

Retaliation
It is unlawful to retaliate against an individual for opposing employment practices that discriminate based on disability, for filing a discrimination charge, or for testifying, or participating in any way in an ADA investigation, proceeding, or lawsuit.

If you or a loved one has experienced disability discrimination, it is important to talk with a Michigan employment discrimination lawyer with experience in Michigan and federal employment law.