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Has an employer in Farmington Hills discriminated against you because of your disability, such as by denying you a job or promotion, refusing to make reasonable accommodations, or terminating you outright? If so, they may have violated your rights, and you may be entitled to compensation for the financial and personal harm you’ve suffered as a result. Contact Fagan McManus, P.C., for an initial case evaluation with a workplace disability discrimination lawyer serving Farmington Hills, and let us help you take on your employer and demand the accountability you’re owed.
Title I of the Americans with Disabilities Act prohibits covered employers from discriminating against employees or prospective employees due to a disability or perceived disability. The ADA applies to most employers with 15 or more employees who work in each of 20 or more calendar weeks in the current or preceding year, including state and local government agencies.
The ADA defines a “disability” as a physical or mental impairment that substantially limits one or more major life activities. An employer may not discriminate against a qualified individual due to their disability or perceived disability regarding:
An employee or prospective employee may qualify for the protection of the ADA if they can perform the essential functions of the job with or without reasonable accommodations. The law requires employers to engage in the “interactive process” with an employee or prospective employee who requests a disability accommodation. During this process, the parties negotiate a reasonable accommodation for the employee’s disability, such as modifying work schedules, adjusting the workspace, or providing special equipment. However, an employer does not have to agree to an unreasonably expensive accommodation or an accommodation that would unduly disrupt the employer’s operations.
In Michigan, the Persons with Disabilities Civil Rights Act provides similar protections against workplace disability discrimination. Unlike the ADA, however, Michigan law covers all employers in the state, regardless of the number of employees they employ.
Various adverse actions taken by an employer against an employee because of the employee’s disability or perceived disability may violate the ADA and state law, including:
If you’ve been discriminated against because of a disability, you may have the right to pursue financial compensation for losses such as:
Though rare, a court may also award you punitive damages to punish an employer for willful, malicious, or egregious acts of discrimination that shock the conscience.
Be aware that you have a limited time after a discriminatory act by an employer in which to pursue legal action against them. First, you must file a complaint with the Michigan Department of Civil Rights within 180 days of the discriminatory act or with the U.S. Equal Employment Opportunity Commission within 300 days of the act. After filing your complaint with state or federal agencies, you may file a lawsuit under the Michigan Persons with Disabilities Civil Rights Act within three years of an employer’s discriminatory act or under the ADA within 90 days of receiving a right-to-sue letter from the EEOC.
Because various deadlines may apply to your disability discrimination claims, you should speak with an employment attorney as soon as possible after the suspected discriminatory act. That way, your Farmington Hills employment discrimination lawyer has the time they need to build a compelling case on your behalf.
Do you suspect that your employer or prospective employer has discriminated against you due to your disability or perceived disability? If so, an employment discrimination lawyer from Fagan McManus, P.C. can help you pursue accountability by:
If a Farmington Hills employer has discriminated against you due to a disability or perceived disability, you may have the right to hold them accountable and to pursue compensation for the harm you’ve suffered. Turn to a disability discrimination attorney from Fagan McManus, P.C. for experienced legal advice and advocacy when you have a legal claim against your employer because:
Has an employer in Farmington Hills taken an adverse action against you because of your disability, such as denying you a job or promotion, refusing a reasonable accommodation, or terminating you? If so, you might have a legal claim under federal and state workplace discrimination laws. Contact Fagan McManus, P.C., today for a confidential consultation with an employment discrimination lawyer serving Farmington Hills. We look forward to meeting you, explaining your rights and options in detail, and holding the employer accountable on your behalf.