Michigan Disability Discrimination Attorneys
When an employee, independent contractor, or job applicant has a disability, it is the employer’s responsibility to provide accommodations to that individual in compliance with state and federal law. Unless the disability impacts an essential part of the job, employers are prohibited from discriminating against workers and job applicants based on their disabilities.
If you were mistreated, wrongfully terminated, or denied a job because of your disability, it is in your best interest to seek immediate legal counsel from an experienced Michigan disability discrimination lawyer. Contact the skilled legal team at Sommers Schwartz, P.C., today for a free and confidential consultation about your case.
What Is Disability Employment Discrimination?
Disability employment discrimination occurs when a qualified individual is discriminated against during the hiring process or throughout the course of employment based on a qualifying disability under the Americans with Disabilities Act (ADA). ADA-eligible conditions include mental and physical impairments that impact an individual’s ability to see, hear, walk, and learn.
Certain conditions, such as Multiple Sclerosis and Muscular Dystrophy, are widely recognized as covered conditions, whereas depression, stress, and similar impairments are subject to review. A Michigan workplace discrimination attorney can help you determine if your condition qualifies as a disability under the ADA.
Workplace discrimination based on disability can take these forms:
- Refusing to hire a qualified candidate.
- Harassing a worker or job applicant.
- Failing to make reasonable accommodations.
- Requiring only certain individuals to obtain a medical examination as part of the employment or hiring process.
- Wrongful termination.
Federal Protections Against Disability Employment Discrimination
Disability employment discrimination can have far-reaching implications, resulting in extensive financial and emotional damages. If you have been a victim of workplace discrimination, you may be entitled to compensation for lost wages, legal fees, and emotional pain and suffering. Under both Michigan and federal law, discrimination based on disability is illegal.
Title I of the Americans with Disabilities Act of 1990 is the federal law that makes employment discrimination based on disability illegal. Under the Act, employers with 15 or more employees, employment agencies, and labor organizations are prohibited from engaging in disability employment discrimination.
If you have suffered any type of workplace discrimination, you may wish to file a complaint with the Equal Employment Opportunity Commission (EEOC), the federal administrative agency that investigates discrimination complaints. To ensure a successful claim, you must file your complaint within 180 days of the incident.
You may also decide to file a lawsuit, but you must first obtain a Notice of Right to Sue from the EEOC. Following receipt of that notice, you have 90 days to file your lawsuit in federal court.
Michigan Disability Employment Discrimination Laws
Under Michigan’s Elliott-Larsen Civil Rights Act, it is illegal for any employer to deny employment opportunities to applicants and employees based on a qualifying disability. The Act also prohibits discriminatory practices based on religion, race, color, national origin, age, sex, familial status, marital status, height, and weight.
If you have suffered any type of employment discrimination, you can file a formal complaint at the state level with the Michigan Department of Civil Rights (MDCR). To ensure your claim is successful, you must file your complaint within 180 days of the incident. If you miss this deadline and your claim cannot be handled in federal court, you may also have the option of filing a lawsuit in state court within three years of the incident.
It should also be noted that the MDCR has the authority to enforce the Michigan Persons with Disabilities Civil Rights Act, which further prohibits disability discrimination in the workplace.
Contact the Michigan Disability Discrimination Attorneys at Sommers Schwartz, P.C.
If you have suffered employment discrimination due to an ADA-eligible disability, you may be entitled to compensation for:
- Lost income.
- Employment search expenses.
- Emotional distress.
- Court costs.
- Punitive damages.
Don’t go through this stressful process alone. We can help. Contact a Sommers Schwartz, P.C., employment discrimination lawyer today for a free and confidential consultation about your case.