Michigan Disability Discrimination Laws: Rights and Accommodations

Quick Answer: Michigan's Persons with Disabilities Civil Rights Act (PWDCRA) prohibits disability discrimination and covers employers with 1+ employees. The law requires reasonable accommodations unless undue hardship. File complaints with MDCR within 3 years. Both physical and mental disabilities are protected.

Michigan provides strong protections for workers with disabilities.

Michigan Disability Protections

PWDCRA Coverage

Persons with Disabilities Civil Rights Act:

• Physical disabilities
• Mental disabilities
• Covers 1+ employee employers
• 3-year filing deadline

Federal ADA

Americans with Disabilities Act:

• 15+ employee employers
• Similar protections
• 300-day EEOC deadline

Michigan's Advantages

Who's Protected

Definition of Disability

Under PWDCRA:

• Determinable physical condition
• Determinable mental condition
• Characteristic or history
• Perceived as having disability

Covered Conditions

May include:

• Mobility impairments
• Vision or hearing loss
• Cancer, diabetes, HIV
• Mental health conditions
• Learning disabilities
• Chronic conditions

Reasonable Accommodation

Employer Must Provide

Unless undue hardship:

• Modified work schedule
• Assistive technology
• Accessible workspace
• Job restructuring
• Leave for treatment

Interactive Process

How it works:

1. Employee requests accommodation
2. Employer engages in dialogue
3. Explore options together
4. Implement effective solution

Undue Hardship

May deny if:

• Significant difficulty or expense
• Consider employer resources
• Nature of business
• Impact on operations

What's Prohibited

Hiring

Cannot:

• Refuse hire due to disability
• Ask about disability pre-offer
• Require pre-offer medical exam
• Screen out disabled applicants

Workplace Treatment

Cannot:

• Fire because of disability
• Deny promotion based on disability
• Pay differently
• Harass based on disability

Medical Inquiries

Rules:

• Pre-offer: No medical questions
• Post-offer: Exam if all do
• Employment: Job-related only

Filing Complaints

MDCR (State)

Michigan Department of Civil Rights:

• Phone: 1-800-482-3604
• Deadline: 3 years
• Covers all employers

EEOC (Federal)

For ADA claims:

• Phone: 1-800-669-4000
• Deadline: 300 days
• 15+ employee employers

Which to Choose

Consider:

• Under 15 employees: MDCR only
• 3-year deadline provides flexibility
• Can file both for larger employers

Proving Disability Discrimination

Elements

Must show:

• Have qualifying disability
• Qualified for position
• Can perform essential functions
• Adverse action based on disability

Accommodation Cases

Also show:

• Requested accommodation
• Accommodation was reasonable
• Employer denied without justification

Common Scenarios

Scenario 1: Denied Accommodation

Situation: Requested modified schedule for treatment, denied.

Analysis: Likely reasonable accommodation. Document request and denial. File complaint.

Scenario 2: Fired After Medical Leave

Situation: Took leave for condition, terminated while recovering.

Analysis: May be disability discrimination. If could return with accommodation, likely violation.

Scenario 3: Mental Health Condition

Situation: Need accommodation for depression, employer dismissive.

Analysis: Mental health covered. Employer must engage in interactive process.

Scenario 4: Small Employer

Situation: Work for 5-person company, need accommodation.

Analysis: ADA doesn't apply. PWDCRA covers you. File with MDCR.

Scenario 5: Perceived Disability

Situation: No actual limitation but employer thinks you're disabled.

Analysis: "Regarded as" disabled is protected. Cannot discriminate based on perception.

Medical Examinations

Pre-Employment

Rules:

• No medical questions
• No exams before conditional offer
• Cannot ask about workers' comp history

Post-Offer

After conditional offer:

• Can require medical exam
• Must require of all in same job
• Records must be confidential

During Employment

Limited to:

• Job-related inquiries
• Consistent with business necessity

Remedies Available

MDCR Relief

May order:

• Reinstatement
• Back pay
• Accommodation required
• Policy changes

Court Damages

May recover:

• Lost wages
• Compensatory damages
• Emotional distress
• Attorney's fees

Frequently Asked Questions

What qualifies as a disability in Michigan?

Determinable physical or mental condition, or being perceived as having one.

Does my employer have to give any accommodation I want?

No. Must provide effective accommodation, not necessarily your preferred one.

Can I be fired for having a disability?

No, if you can perform essential job functions with or without reasonable accommodation.

What about mental health conditions?

Fully protected under PWDCRA.

How long do I have to file?

3 years with MDCR—the longest deadline in the nation.

Related Topics

• Michigan Workplace Discrimination
• Filing MDCR Complaint
• Michigan Leave Laws
• Michigan Employment Law Hub

Take Action

If facing disability discrimination:

1. Document accommodation requests
2. Keep medical records confidential
3. Note employer responses
4. File MDCR complaint if needed
5. Consult employment attorney

Legal Disclaimer

This article provides general information about disability discrimination in Michigan and is not legal advice. For specific advice, consult a licensed Michigan employment attorney.

For official information:

• MDCR: https://www.michigan.gov/mdcr | 1-800-482-3604
• EEOC: https://www.eeoc.gov | 1-800-669-4000