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Are you facing unfair treatment at work because of a disability? Has your employer fired you, cut your hours, or denied an accommodation request for reasons they won’t explain? These actions may violate state or federal law, and you don’t have to accept them.
The employment law attorneys at Fagan McManus, P.C., can look at what happened and help you decide what to do next. We have extensive experience handling disability discrimination cases, and we’ve helped many workers in Sterling Heights stand up to unlawful treatment and retaliation.
Contact our law firm now for a free consultation. Our disability discrimination lawyers will give you the clear, direct advice you need to move forward with confidence.
The Americans with Disabilities Act (ADA) protects workers with physical or mental impairments that limit one or more “major life activities.” These impairments include conditions like cancer, epilepsy, depression, diabetes, and mobility-related conditions. The ADA applies to private US employers with 15 or more employees, along with state and local governments.
Michigan law also protects workers under the Persons with Disabilities Civil Rights Act (PWDCRA). This law goes further than the ADA in several ways. For example, it covers all employers in Michigan, even small businesses with just one employee. It also protects people with a “determinable” physical or mental condition that affects their ability to work, regardless of whether it qualifies under federal law.
Both laws prohibit employers from firing, demoting, refusing to hire, or otherwise treating workers unfairly because of protected disabilities. They also require employers to offer reasonable accommodations to workers unless doing so would impose a significant burden.
Disability discrimination isn’t always obvious. Sometimes it shows up in subtle ways that make it more difficult for someone to apply for new roles, get promoted, or even just keep showing up at work. Here are some examples of what that kind of discrimination can look like in the workplace:
Both Michigan and federal law give workers the right to request reasonable accommodations for disabilities. A reasonable accommodation is a change to a job, work environment, or schedule that allows a person with a disability to do their job. Common examples include modified hours, assistive technologies, or remote work arrangements.
You must still be able to perform the essential duties of your job, with or without accommodation, to qualify. Your employer doesn’t have to approve every accommodation request, but they must take your request(s) seriously. That means engaging in conversation with you and offering a reasonable solution unless it would cause them significant difficulty or expense.
You don’t have to use specific words when asking for an accommodation. You just need to make it clear that you need a change because of a medical condition. If your employer ignores your request, refuses to consider any options, or takes action against you for asking, contact an employment law firm to discuss whether you might have a legal claim.
If you believe your employer discriminated against you because of a disability, you can file a complaint with either a state or federal agency. In Michigan, the Department of Civil Rights (MDCR) handles claims under the PWDCRA. At the federal level, the Equal Employment Opportunity Commission (EEOC) handles claims under the ADA.
For ADA claims filed through the EEOC, you generally have 300 days from the date of the discrimination to file. For claims under Michigan law, you must file with the MDCR within 180 days.
To support your claim, gather documents such as emails, performance reviews, medical records (if relevant), and your own notes or other proof of what happened. You aren’t required to hire a lawyer to file a complaint, but legal guidance can make a big difference in how your case moves forward.
If you’re not sure which agency to file with, which deadlines apply, or whether you have a case, an employment law attorney can help you sort things out.
Both the ADA and Michigan’s PWDCRA prohibit retaliation, but some employers still try to punish workers for requesting accommodations, filing complaints, or speaking up about discrimination at work. Unlawful retaliation can take many forms. Some workers get fired or demoted, while others receive less work, get isolated, or face unfair write-ups after raising concerns.
If you experience this kind of response, you may have a valid retaliation claim, even if you don’t win your discrimination case. The law protects you as long as you made your complaint in good faith and had a reasonable belief that discrimination occurred.
If your employer is treating you unfairly because of a disability or punishing you for speaking up, you don’t have to stay quiet. The lawyers at Fagan McManus, P.C., have more than 25 years of experience focusing exclusively on employment law, and we know how to help you handle these kinds of situations.
We represent workers in Sterling Heights and across Michigan who have been fired, demoted, denied accommodations, or harassed because of their conditions. We also handle retaliation claims when employers take action against those who speak up or try to assert their legal rights.
The attorneys at our law firm understand how to deal with large employers and their corporate lawyers. When you come to us for help, we start by reviewing the facts, explaining your rights, and laying out a clear strategy. If the law supports your case, we’ll help you file a charge, negotiate for a fair outcome, or move forward with litigation when necessary.
We know what’s at stake when your job and your income are on the line. If you’ve experienced workplace discrimination or retaliation in Sterling Heights, Michigan, our attorneys are here to help you stand up for what’s right.
Fagan McManus, P.C., has decades of experience representing workers throughout Michigan. We know how to stand up to employers who ignore the law and build cases that get results. Contact our law firm today to tell us about your situation and get the answers you need in a free case review.