Disability Discrimination

Employers are prevented from discriminating against qualified individuals with disabilities under the Americans with Disabilities Act (ADA). Similarly, Michigan employers are prohibited under Michigan's Persons with Disabilities Civil Rights Act (PDCRA) from discharging or discriminating against an individual because of a disability that is unrelated to their ability to perform the essential duties of their job. Both the ADA and the PDCRA contain similar requirements that the employer must make reasonable accommodations for employees with disabilities.

What qualifies as a reasonable accommodation?

Employers, under the ADA and PDCRA, are required to make reasonable accommodations for employees with disabilities. The ADA and PDCRA have criteria that define “disability” under the law. This means they must participate in the "interactive process" with individuals with disabilities in their company. They are required to make accommodations unless it would create an "undue hardship" for the employer, or if the accommodations alter the essential job duties of a position. The employee must also be able to demonstrate that they are indeed qualified to perform the essential job duties without a reasonable accommodation.

Often, employers use the "essential job function" portion of the ADA as a pretext to discriminate against individuals with disabilities. Lawyers at Deborah Gordon Law are well-versed in sifting through the many excuses employers give to identify if you have a potential disability discrimination lawsuit.

If you have been denied accommodations or treated unfairly due to a disability, call today to protect your rights and take action.