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Are you dealing with unfair treatment at work because of your race, sex, age, disability, or another personal trait in Auburn Hills, Michigan? You could have a legal claim under Michigan or federal law. An employment discrimination lawyer serving Auburn Hills can review your situation, explain your rights, and help you move forward. Whether you’re thinking about filing a complaint or already dealing with retaliation, the team with from Fagan McManus, P.C., is ready to talk. Contact us today to get started with your free initial consultation.
Employment discrimination happens when your boss or someone else at work treats you unfairly because of a personal trait that the law protects. Discrimination can happen at any point in the employment relationship—when you apply, during your employment, or when you leave. Common examples include getting fired without a good reason, being passed over for a promotion, or being paid less than others for the same work.
If you work for a company with at least 15 employees (or 20 for age discrimination), federal law says your boss can’t treat you unfairly because of certain personal traits. These traits are called “protected characteristics,” and they include:
Michigan law protects more people in more situations than federal law. Additionally, state anti-discrimination laws apply to almost every employer in Michigan, no matter the size. Here are some protected characteristics in Michigan that federal law doesn’t cover:
Discrimination at work can show up in many ways. Some discriminatory actions are obvious, like firing someone because of their race or religion. Others are harder to spot. Below are some examples of behavior that might count as workplace discrimination:
Harassment is a form of discrimination that happens when someone at work targets you with rude, offensive, or threatening behavior due to a protected trait. A hostile work environment exists when the harassment is so serious or constant that it makes you feel unsafe or unable to bear going to work. Harassment can come from anyone, including bosses, coworkers, or even customers. Examples of harassment include sexual comments, slurs, jokes, insults, or unwanted touching.
Michigan law protects you from this kind of treatment. You don’t have to wait until things get worse to act. You can report harassment and take steps to protect yourself right away.
Michigan and federal law say your employer must make reasonable changes to help you do your job if you have a disability or follow certain religious practices. These changes are called accommodations. For example, you might need a flexible schedule, a special chair, or time off for religious holidays.
You must ask for these changes, and your employer must work with you unless accommodating your needs causes serious problems for the business. You don’t have to explain your full medical history when you ask. You only need to show that the change will help you do your job.
If you believe someone at work treated you unfairly based on a protected trait, you can file a complaint. In Michigan, you can file with the Michigan Department of Civil Rights (MDCR) or the federal Equal Employment Opportunity Commission (EEOC). You don’t have to file with both—just one.
Deadlines matter in these cases: you have 180 days to file with the MDCR or 300 days with the EEOC. Before filing, you should discuss your case with a lawyer. They can explain your rights, help you decide where to file, and identify the applicable deadline(s).
After you file a complaint, an investigator will look into your claim. The investigator will contact your employer and ask both sides for information. You might need to share documents, provide witness information, or answer questions. Your employer will likely need to do the same. The investigator might visit your workplace or interview other employees. This process can take time. Some cases take weeks or even months. If the agency finds that discrimination likely happened, it might suggest a settlement. If not, you could still have grounds for a lawsuit.
Your employer cannot legally punish you for speaking up about discrimination. This includes filing a complaint, asking for a workplace change, or helping someone else with their claim. However, sometimes retaliation happens anyway. If your boss cuts your hours, moves you to a less desirable shift, or fires you after you report a problem, that might count as retaliation.
If you believe you might have experienced retaliation, keep records of what happened, when, and who was involved. Save emails, notes, or messages. Then, bring the documentation to a lawyer to discuss your case. You might be able to add a retaliation claim to your discrimination case or file a new one.
If you can’t resolve your case by filing a complaint, you might decide to file a lawsuit. In some situations, you must file with the EEOC first and wait for a “right to sue” letter before going to court. In others, you can go straight to court under Michigan law. You might be able to file in state or federal court, depending on the details of your case. A lawsuit takes more time and effort than a complaint, and you’ll need to present evidence in front of a judge or jury. An attorney can help you prepare and decide where to file.
Whether you want to file a complaint, take legal action, or respond to retaliation, it’s best to do so with professional legal support. Employment laws are complex, and a single mistake could affect your claim. Here are some ways a lawyer could help you with your case:
Whether you want to file a complaint, take legal action, or respond to retaliation, it’s best to do so with professional legal support. Employment laws are complex, and a single mistake could affect your claim. Here are some ways a lawyer could help you with your case:
