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Discrimination based on a physical or mental disability is illegal. Employers in Ann Arbor and across the state are required to treat you fairly in the workplace, including when you apply for a job, request accommodation, or return to work after a medical condition. If your employer treats you differently because of a medical condition or retaliates when you speak up, you may have a legal claim under the Americans with Disabilities Act (ADA) or state law.
Disability discrimination claims can be complex, but a skilled disability discrimination attorney can help. Fagan McManus, P.C. is ready to explain your rights and legal options.
Disability discrimination happens when an employer treats you unfairly because of your disability. Both federal and Michigan law prohibit this kind of treatment.
Under the Americans with Disabilities Act (ADA), employers with 15 or more employees must provide equal opportunities to workers with disabilities. That includes fair treatment in:
The ADA also requires employers to offer reasonable accommodation when requested, unless doing so would cause significant difficulty or expense.
Michigan law offers similar protections through the Persons with Disabilities Civil Rights Act (PWDCRA). Its protections often overlap with ADA law.
Both laws make it illegal for employers to make decisions based on stereotypes, assumptions, or fear about a disability. They also prohibit harassment, retaliation, and any policy that has a functionally discriminatory impact on people with disabilities.
Under the ADA, a disability is a physical or mental impairment that substantially limits one or more major life activities. “Major life activities” include:
The law also protects you if your employer believes you have a disability, even if they’re wrong. Michigan’s PWDCRA uses a similar definition. Qualifying conditions typically include:
However, not every medical issue meets the legal definition of a disability. Temporary conditions don’t qualify unless they are severe, long-term, or affect your ability to perform basic tasks for an extended period. Issues with drugs or alcohol, for example, do not qualify as a disability, even if they substantially limit your major life activities. A lawyer from Fagan McManus, P.C. can help determine whether your condition qualifies under the ADA, the PWDCRA, or both.
If you have a disability, you have the right to request accommodation. Accommodations are reasonable changes in the workplace that help you apply for or perform your job. Both the ADA and PWDCRA require employers to provide these accommodations, as long as doing so doesn’t cause undue hardship.
Reasonable accommodations will vary, depending on your needs and your role at the company. For example, an employer might be obligated to provide:
Employers must take accommodation requests seriously and engage in what the law calls an interactive process. This process is a conversation designed to identify solutions that both work for you and are manageable for your employer.
Note that the law doesn’t require an employer to approve every request. If an accommodation would cause significant cost or disruption, the employer may deny it. However, that decision must be based on facts, not assumptions or convenience. If your employer refuses to engage in the interactive process or rejects a reasonable request without a valid reason, they may be violating the law.
Disability discrimination can be overt or subtle. Both federal and Michigan law prohibit a wide range of discriminatory actions based on a disability or medical condition. Some of the most common examples we see include:
Even if your Ann Arbor employer claims to have a legitimate reason, you may still have a valid legal claim. Our ADA attorneys will review whether the timing, context, or conduct suggests discrimination and help you take action if discriminatory practices were used against you.
If you believe you’re experiencing disability discrimination at work, documenting the situation can strengthen your position. First, keep detailed records of any interactions with your employer. Save emails, messages, or notes from meetings with supervisors or human resources. Documentation is especially important when it relates to your disability, job duties, or any accommodation requests.
Make any accommodation requests in writing. A simple email describing your condition and the change you’re asking for is usually sufficient. A paper trail can provide a clear timeline and record of your effort to engage in the interactive process. You should also keep copies of performance evaluations and attendance records. If you’ve received any disciplinary notices, save those as well. These documents can help show how your treatment may have changed after you disclosed a disability or asked for help.
Next, use your employer’s internal system to report discrimination or harassment, which usually goes through HR. Reporting internally shows that you tried to address the issue before seeking outside help.
If the problem continues or your employer takes no meaningful action, you have the option to file a discrimination complaint with the Equal Employment Opportunity Commission (EEOC) or the Michigan Department of Civil Rights (MDCR).
Because Michigan is a dual-filing state, filing with one agency typically covers your claim with the other. The deadline to file with the EEOC is 300 days from the date of the last discriminatory act. If you choose to file directly with the MDCR, the deadline is 180 days. These time limits can come up quickly, so it’s important to consult an attorney as soon as you think your rights were violated.
When an employer violates your rights, state and federal law allow you to pursue remedies. These remedies are meant to address both the financial and emotional impact of the discrimination. Depending on your unique case, you may be entitled to:
Keep in mind that federal and state laws differ in how damages are awarded. An employment attorney from Fagan McManus, P.C. can help you decide whether it’s better to pursue your claim under state law, federal law, or both.
Fagan McManus, P.C. serves clients throughout Ann Arbor. If you’ve experienced employment discrimination, our firm is ready to help you review your situation and explore your legal options. Contact us today for a consultation.
