Michigan Disability Discrimination? Demand Justice Now
If you have been treated unfairly at work because of a disability in Michigan, you may have strong rights under state and federal law. This guide explains what counts as disability discrimination, how to seek accommodations, filing options, and why fast action matters.
Your Rights Under Michigan and Federal Law
Michigan workers are protected by the Michigan Persons with Disabilities Civil Rights Act (PWDCRA) and the federal Americans with Disabilities Act (ADA). Both generally prohibit employers from discriminating against qualified employees and applicants because of a disability and require reasonable accommodations unless doing so would be an undue hardship. Both laws also forbid retaliation for protected activity, such as requesting an accommodation or filing a complaint. See the Michigan PWDCRA, the U.S. Department of Justice’s ADA employment overview, and the EEOC’s page on disability discrimination.
What Counts as Disability Discrimination
- Refusing to hire a qualified applicant because of a disability.
- Firing, demoting, cutting hours, or denying opportunities after learning about a disability.
- Denying reasonable accommodations that would enable you to perform essential job duties.
- Imposing disability-related medical inquiries or exams that are not job-related and consistent with business necessity (under federal law). See the ADA employment overview.
- Harassment that creates a hostile work environment because of disability.
- Retaliation for requesting an accommodation, opposing discrimination, or participating in an investigation or case. See the EEOC’s guidance.
Reasonable Accommodations
A reasonable accommodation is a change to the work environment or how a job is done that enables a qualified person with a disability to perform essential functions. Employers and employees are expected to engage in a good-faith interactive process to explore effective options. An employer may decline an accommodation only if it would pose an undue hardship, considering cost, resources, and the nature of operations. See the ADA employment overview and the PWDCRA.
- Modified schedules or shifts
- Remote or hybrid work where feasible
- Assistive technology or equipment
- Accessible facilities
- Job restructuring of non-essential tasks
- Leave for treatment or recovery
Practical Tips
- When requesting an accommodation, focus on job-related limitations and essential functions.
- Offer multiple feasible accommodation ideas to keep the interactive process moving.
- Confirm verbal discussions in a brief follow-up email so there is a dated paper trail.
- If an accommodation is denied, ask for the specific reason and whether alternatives were considered.
Accommodation Request Checklist
- Describe your limitations as they relate to essential job duties.
- Identify specific accommodations that would help you perform the job.
- Attach relevant medical documentation limited to work restrictions.
- Request a meeting to discuss options and the timeline for a response.
- Ask for the decision in writing and keep copies.
Who Is Covered
The PWDCRA applies broadly to employers in Michigan, including many small employers. See the Act’s employment provisions: PWDCRA. By contrast, Title I of the ADA generally covers private employers with 15 or more employees, as well as state and local governments. See the EEOC’s small business guide: Who is covered by Title I of the ADA.
If you are unsure whether your employer is covered, a lawyer can evaluate your situation and determine which laws apply.
How to Protect Yourself
- Document incidents, requests, and responses (dates, who was present, what was said).
- Submit written accommodation requests or complaints to HR or management and keep copies.
- Retain policies, job descriptions, performance reviews, schedules, and relevant emails or messages.
- List witnesses and preserve evidence such as metrics and work product.
- Follow medical guidance on restrictions and provide needed documentation (limit to what is relevant to your job functions).
Filing a Charge or Lawsuit
You may be able to pursue a charge with a government agency or file a lawsuit. Many workers file with the Michigan Department of Civil Rights (MDCR) or the U.S. Equal Employment Opportunity Commission (EEOC), and charges are often dual-filed. Processes and timelines differ under Michigan and federal law. Deadlines can be short—review the MDCR case process and the EEOC’s guidance on disability discrimination for current filing requirements, and consult an attorney promptly. In many federal ADA cases, you must first file a charge with the EEOC before suing; under Michigan law, different rules may apply.
Possible Remedies
Depending on your claims and forum, remedies may include back pay, front pay or reinstatement, compensation for emotional distress where allowed, injunctive relief (such as policy changes or accommodations), and, in some cases, attorney’s fees and costs. Available remedies vary by statute and procedure.
Retaliation Is Illegal
State and federal law prohibit retaliation against individuals who request accommodations, oppose discriminatory practices, or participate in investigations or proceedings. Retaliation can include termination, demotion, discipline, undesirable shifts, or other adverse actions tied to your protected activity. See the EEOC’s guidance and the MDCR.
Why Act Now
Deadlines for filing with agencies or courts can arrive sooner than many people expect, and time limits differ by claim and forum. Prompt action helps protect your rights, preserves evidence, and gives your attorney more options to pursue the best outcome. See the MDCR case process and the EEOC’s guidance, and seek legal advice quickly.
How We Help
We assess your facts, advise on accommodations and interactive-process strategy, prepare or review accommodation requests, negotiate with employers, file agency charges, litigate in state or federal court, and pursue settlements that reflect your losses and future needs. We work to stop ongoing harm and to secure the accommodations and compensation you deserve.
What to Bring to a Consultation
- Job offer letter and job description
- Employee handbook and relevant policies
- Accommodation requests and employer responses
- Performance reviews and disciplinary notices
- Medical notes related to work restrictions (omit unrelated history)
- Emails or messages about your disability or accommodations
- A dated timeline of key events
FAQs
Do I have to disclose my diagnosis to get an accommodation?
No. You generally need to provide documentation of work-related limitations and the need for accommodation, not your full medical history.
Can my employer choose a different accommodation than the one I requested?
Yes, if the alternative is effective and does not impose undue hardship, employers may choose among reasonable options.
What if my employer ignores my request?
Follow up in writing, escalate to HR, and consider filing with the MDCR or EEOC. Deadlines are strict, so act promptly.
Am I protected if I am perceived as disabled?
Yes. Both the PWDCRA and ADA protect individuals who are regarded as having a disability, subject to statutory limits.
Contact Us
If you believe you have experienced disability discrimination in Michigan, our team can help. Schedule your consultation.
Disclaimer
This blog post is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and outcomes depend on specific facts. Consult a licensed Michigan attorney about your situation and deadlines.