MCJI 106.1 Employment Discrimination Statute—Explanation
MCJI 106.05Employment Discrimination—Disability—Definition
MCJI 106.07A Employment Discrimination—Burden of Proof—Disability
MCJI 106.07C Employment Discrimination—Burden of Proof—Physical or Mental Examinations
MCJI 106.07D Employment Discrimination—Burden of Proof—Accommodation
MCJI 106.09 Employment Discrimination Statute—Accommodation—Duty of Employer
MCJI 106.11A Employment Discrimination Statute—Accommodation—Undue Hardship—Equipment or Device
MCJI 106.11B Employment Discrimination Statute—Accommodation—Undue Hardship—Equipment or Device
MCJI 106.11C Employment Discrimination Statute—Accommodation—Undue Hardship—Equipment or Device
MCJI 106.11D Employment Discrimination Statute—Accommodation—Undue Hardship—Readers or Interpreters
MCJI 106.11E Employment Discrimination Statute—Accommodation—Undue Hardship—Reader or Interpreter
MCJI 106.21 Public Accommodation Statute—Explanation—Accommodation
MCJI 106.23 Public Accommodation—Disability—Definition
MCJI 106.25 Public Accommodation—Definition
MCJI 106.27 Public Service—Definition
MCJI 106.29 Public Accommodation—Burden of Proof
MCJI 106.31 Accommodation—Educational Institution—Definition
MCJI 106.33 Accommodation—Educational Institution—Disability—Definition
MCJI 106.35 Accommodation—Educational Institution—Burden of Proof
M Civ JI 106.01
Employment Discrimination Statute—Explanation
We have a state law known as the Persons with Disabilities Civil Rights Act, which provides that an employer shall:
(a) not discriminate against a person regarding employment, compensation, or a term, condition, or privilege of employment because of [ a disability / genetic information ] that is unrelated to the individual's ability to perform the duties of a particular job or position;
(b) not discriminate against a person on the basis of physical or mental examinations that are not directly related to the requirements of the specific job;
(c) not discriminate against a person when adaptive devices or aids may be utilized that enable the individual to perform the specific requirements of the job;
(d) not require an individual to submit to a genetic test or to provide genetic information as a condition of employment or promotion;
(e) accommodate a person with a disability unless the employer demonstrates that the accommodation would impose an undue hardship.
Note on Use
The use of any particular subsection will be dictated by the facts of the case.
Comment
MCL 37.1202
History
Added September 2005. TOP
M Civ JI 106.05
Employment Discrimination—Disability—Definition
"Disability" means a determinable physical or mental characteristic of an individual, which may result from disease, injury, congenital condition of birth, or functional disorder, if the characteristic [ substantially limits 1 or more of the major life activities of that individual and is unrelated to the individual's ability to perform the duties of a particular job or position / substantially limits 1 or more of the major life activities of that individual and is unrelated to the individual's qualifications for employment or promotion.]
When I say "major life activity," I am referring to functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
When I say "substantially limits," I mean you should look at the nature and severity of the impairment, its duration or expected duration, and its permanent or expected permanent or long-term effect.
When I say "unrelated to the individual's ability,” I mean an individual's disability does not prevent the individual from performing the duties of a particular job or position with or without accommodation.
"Disability" can also mean a history of a determinable physical or mental characteristic like I have just described.
Lastly, "disability" can also mean being regarded as having a determinable physical or mental characteristic like I have just described.
*"Disability" does not include either of the following:
(a) A determinable physical or mental characteristic caused by the current illegal use of a controlled substance by that individual.
(b) A determinable physical or mental characteristic caused by the use of an alcoholic liquor by that individual, if that physical or mental characteristic prevents that individual from performing the duties of his or her job.
Note on Use
*Use as applicable.
Comment
MCL 37.1103, Stevens v Inland Waters, Inc , 220 Mich App 212 (1996).
History
Added September 2005. TOP
M Civ JI 106.07A
Employment Discrimination—Burden of Proof—Disability
Plaintiff has the burden of proving the following elements:
(a) that (he/she) [ has a disability / has a history of a disability / is regarded as having a disability ] that is unrelated to the plaintiff's ability to perform the duties of a particular job or position; and
(b) that defendant [ discharged / failed or refused to hire / failed to promote / failed to train / other ] the plaintiff; and
(c) that [ the disability / the history of a disability / being regarded as having a disability ] was one of the motives or reasons which made a difference in determining to [ discharge / fail to hire / fail to promote / fail to train / other ] the plaintiff. The [ disability / history of a disability / being regarded as having a disability ] does not have to be the only reason, or even the main reason, but it does have to be one of the reasons which made a difference in determining whether to [discharge / hire / promote / train / other ] the plaintiff; and
(d) that (he/she) suffered damages as a result of the [discharge / failure or refusal to hire / failure to promote / failure to train / other ].
Your verdict will be for plaintiff if the plaintiff has proved all of those elements. Your verdict will be for the defendant if the plaintiff has failed to prove any one of those elements.
Comment
MCL 37.1202
History
Added September 2005. TOP
M Civ JI 106.07C
Employment Discrimination—Burden of Proof—Physical or Mental Examinations
Plaintiff has the burden of proving the following elements:
(a) that (he/she) has undergone physical or mental examinations that are not directly related to the requirements of the specific job; and
(b) that defendant [ discharged / failed or refused to hire / failed to promote / failed to train / other ] the plaintiff; and
(c) that the information or conditions [ disclosed / revealed / diagnosed ] [ by / during / in / as a result of ] the physical or mental examination was one of the motives or reasons which made a difference in determining to [discharge / fail to hire / fail to promote / fail to train / other ] the plaintiff. The information or condition does not have to be the only reason, or even the main reason, but it does have to be one of the reasons which made a difference in determining whether to [ discharge / hire / promote / train / other ] the plaintiff; and
(d) that ( he/she) suffered damages as a result of the [ discharge / failure or refusal to hire / failure to promote / failure to train / other ].
Your verdict will be for plaintiff if the plaintiff has proved all of those elements. Your verdict will be for the defendant if the plaintiff has failed to prove any one of those elements.
Comment
MCL 37.1202
History
Added September 2005. TOP
Civ JI 106.07D
Employment Discrimination—Burden of Proof—Accommodation
Plaintiff has the burden of proving the following elements:
(a) that (he/she) has a disability that is unrelated to (his/her) ability to perform the duties of a particular job or position; and
*(b) that (he/she) notified defendant in writing of the need for an accommodation to enable (him/her) to perform the specific requirements of the job. Notification must have been made within 182 days after the date plaintiff knew or reasonably should have known that an accommodation was needed; and
(c) that defendant [discharged / failed or refused to hire / failed to promote / failed to train / other ] the plaintiff for not performing the specific requirements of the job when the use of the accommodation would have enabled the plaintiff to do so. The disability does not have to be the only reason, or even the main reason, but it does have to be one of the reasons which made a difference in determining whether to [discharge / hire / promote / train / other ] the plaintiff; and
(d) that (he/she) suffered damages as a result of the [ discharge / failure or refusal to hire / failure to promote / failure to train / other ].
Your verdict will be for plaintiff if the plaintiff has proved all of those elements. Your verdict will be for the defendant if the plaintiff has failed to prove any one of those elements.
Defendant has the burden of proving that [ the accommodations were provided / the provision of the accommodations would have imposed an undue hardship ].
Your verdict will also be for defendant if defendant proves either of those elements.
Note on Use
This instruction should be preceded by MCJI 106.09.
* Use as applicable where it is alleged plaintiff did not notify defendant and it is alleged defendant failed to tell the plaintiff how to give notice or of the requirement that notice be given.
Subsection (b) may be eliminated if there is no factual dispute regarding the timing of notice or if the 182-day period does not apply pursuant to MCL 37.1606(5).
Comment
MCL 37.1202, MCL 37.1210, and MCL 37.1606(5).
History
Added September 2005. TOP
M Civ JI 106.09
Employment Discrimination Statute—Accommodation—Duty of Employer
An employer has a twofold duty to accommodate a disabled person. The first kind of accommodation is to provide access to the place of employment, in other words, the alteration of physical structures to allow access. The second kind of accommodation is one that permits the actual performance of the job duties. This can include, but is not limited to, [ the purchase of equipment and devices / hiring readers and interpreters / restructuring jobs / altering schedules for minor and infrequent duties ].
Defendant does not have a duty to provide accommodations that would impose an undue hardship.
Comment
MCL 37.1210; Rourk v Oakwood Hospital Corporation , 458 Mich 25 (1998).
History
Added September 2005. TOP
M Civ JI 106.11A
Employment Discrimination Statute—Accommodation—Undue Hardship—Equipment or Device
An undue hardship is defined by statute. In this case, because [ defendant employs fewer than four employees / defendant employs four or more but less than 15 employees ], if the equipment or devices required to accommodate the plaintiff cost more than [ the state average weekly wage / 1.5 times the state average weekly wage ], that accommodation imposes an undue hardship. If it is less than or equal to that amount, the accommodation does not impose an undue hardship.
Comment
MCL 37.1210(2), (3).
History
Added September 2005. TOP
M Civ JI 106.11B
Employment Discrimination Statute—Accommodation—Undue Hardship—Equipment or Device
An undue hardship is defined by statute. In this case, because defendant has 15 or more but less than 25 employees, if the equipment or devices required to accommodate the plaintiff cost more than 2.5 times the state average weekly wage, [ that accommodation imposes an undue hardship / you must determine if the accommodation poses an undue hardship* ]. If it is less than or equal to that amount, the accommodation does not impose an undue hardship.
Note on Use
*To be used where the plaintiff is an employee because where the plaintiff is an employee and the cost to accommodate is more than 2.5 times the state average weekly wage, there is no conclusive statement that there is an undue hardship. MCL 37.1210(6).
Comment
MCL 37.1210(4), (6). Earlier provisions defining an undue hardship, e.g., MCL 37.1210(2), refer to the cost to accommodate a person with a disability. Subsection (6), however, refers only to the cost to accommodate an employee.
History
Added September 2005. TOP
Civ JI 106.11C
Employment Discrimination Statute—Accommodation—Undue Hardship—Equipment or Device
An undue hardship is defined by statute. In this case, because defendant has 15 or more employees, if the equipment or devices required to accommodate the plaintiff cost more than 2.5 times the state average weekly wage, you must determine if the accommodation poses an undue hardship. If it does not exceed that amount, the accommodation does not impose an undue hardship.
Note on Use
This instruction should be used where the plaintiff is an employee, and the defendant employs 15 or more employees. MCL 37.1210(6). As noted in the Comment to M Civ JI 106.11B, subsection (6) refers to the cost to accommodate an employee.
Comment
MCL 37.1210(5), (6). An instruction is not provided for cases where defendant has 25 or more employees. MCL 37.1210(5). As enacted by 1990 PA 121, MCL 37.1210(6) and (12) began with the clause "If Senate Bill No. 933 or House Bill No. 2273 of the 101st Congress of the United States is enacted into law, and beginning 2 years after the effective date of that law[.]" That clause was removed by 1998 PA 20. Senate Bill 933 was enacted as the Americans with Disabilities Act, 42 USC 12101. The ADA currently defines an employer as having 15 or more employees.
History
Added September 2005. TOP
M Civ JI 106.11D
Employment Discrimination Statute—Accommodation—Undue Hardship—Readers or Interpreters
An undue hardship is defined by statute. In this case, because [defendant employs fewer than four employees / defendant employs four or more but less than 15 employees ], if the cost to [ hire / retain ] the [ reader / interpreter ] to accommodate the plaintiff is more than [ seven times the state average weekly wage for the first year the person with a disability is hired, transferred, or promoted to the job and five times the state average weekly wage for each year thereafter / 10 times the state average weekly wage for the first year the person with a disability is hired, transferred, or promoted to the job and seven times the state average weekly wage for each year thereafter ], that accommodation imposes an undue hardship. If it is less than or equal to that amount, the accommodation does not impose an undue hardship.
Comment
MCL 37.1210(8), (9).
History
Added September 2005. TOP
M Civ JI 106.11E
Employment Discrimination Statute—Accommodation—Undue Hardship—Reader or Interpreter
An undue hardship is defined by statute. In this case, because defendant has 15 or more employees, if the cost to [ hire / retain ] the [ reader / interpreter ] to accommodate the plaintiff is less than or equal to 15 times the state average weekly wage for the first year the person with a disability is hired, transferred, or promoted to the job and 10 times the state average weekly wage for each year thereafter, the accommodation does not impose an undue hardship. If the cost is more than that amount, you must determine if the accommodation poses an undue hardship.
Comment
MCL 1210(12). An instruction is not provided for cases where defendant has 25 or more employees. MCL 37.1210(5). As enacted by 1990 PA 121, MCL 37.1210(6) and (12) began with the clause "If Senate Bill No. 933 or House Bill No. 2273 of the 101st Congress of the United States is enacted into law, and beginning 2 years after the effective date of that law[.]" That clause was removed by 1998 PA 20. Senate Bill 933 was enacted as the Americans with Disabilities Act, 42 USC 12101. The ADA currently defines an employer as having 15 or more employees.
History
Added September 2005. TOP
M Civ JI 106.21
Public Accommodation Statute—Explanation—Accommodation
We have a state law known as the Persons with Disabilities Civil Rights Act, which provides that a person shall accommodate a person with a disability for purposes of [ public accommodation / public service / education / housing ] unless the person demonstrates that the accommodation would impose an undue hardship.
Comment
MCL 37.1102(2)
History
Added September 2005. TOP
M Civ JI 106.23
Public Accommodation—Disability—Definition
Disability means a determinable physical or mental characteristic of an individual, which may result from disease, injury, congenital condition of birth, or functional disorder, if the characteristic is unrelated to the individual's ability to utilize and benefit from a place of public accommodation or public service.
Disability can also mean a history of a determinable physical or mental characteristic as I have just described.
Lastly, disability can also mean being regarded as having a determinable physical or mental characteristic as I have just described.
When I say "unrelated to the individual's ability,” I mean an individual's disability does not prevent the individual from utilizing and benefiting from a place of public accommodation or public service, with or without accommodation.
Comment
MCL 37.1103.
History
Added September 2005. TOP
M Civ JI 106.25
Public Accommodation—Definition
“Place of public accommodation” means a business, educational institution, refreshment, entertainment, recreation, health, or transportation facility of any kind, whether licensed or not, whose goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold, or otherwise made available to the public.
Comment
MCL 37.1301(a)
History
Added September 2005. TOP
M Civ JI 106.27
Public Service—Definition
“Public service” means a public facility, department, agency, board, or commission owned, operated, or managed by or on behalf of this state or a subdivision of this state, a county, city, village, township, or independent or regional district in this state or a tax exempt private agency established to provide service to the public, except that public service does not include a state or county correctional facility with respect to actions or decisions regarding an individual serving a sentence of imprisonment.
Comment
MCL 37.1301(b)
History
Added September 2005. TOP
M Civ JI 106.29
Public Accommodation—Burden of Proof
Plaintiff has the burden of proving the following elements:
(a) that (he/she) [ has a disability / has a history of a disability / is regarded as having a disability ] that is unrelated to (his/her) ability to utilize and benefit from the [ place of public accommodation / public service ]; and
(b) that (he/she) uses adaptive devices or aids; and
(c) that (he/she) was denied the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a [ place of public accommodation / public service ] because of [ a disability / a history of a disability / being regarded as having a disability ]; and
(d) that (he/she) was denied the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a [ place of public accommodation / public service ] because of his/her use of adaptive devices or aids; and
(e) that (he/she) suffered damages.
Note on Use
Particular subparagraphs may be deleted based on the facts of the case.
History
Added September 2005. TOP
M Civ JI 106.31
Accommodation—Educational Institution—Definition
“Educational institution” means a public or private institution or a separate school or department of a public or private institution including an academy, college, elementary or secondary school, extension course, kindergarten, nursery, school system, school district, or university, and a business, nursing, professional, secretarial, technical, or vocational school, and includes an agent of an educational institution.
Note on Use
Use only if there is a dispute over whether the defendant is an educational institution, and eliminate those examples that do not apply.
Comment
MCL 37.1401
History
Added September 2005. TOP
M Civ JI 106.33
Accommodation—Educational Institution—Disability—Definition
Disability means a determinable physical or mental characteristic of an individual, which may result from disease, injury, congenital condition of birth, or functional disorder, if the characteristic is unrelated to the individual's ability to utilize and benefit from educational opportunities, programs, and facilities at an educational institution
Disability can also mean a history of a determinable physical or mental characteristic as I have just described.
Lastly, disability can also mean being regarded as having a determinable physical or mental characteristic as I have just described.
When I say "unrelated to the individual's ability,” I mean an individual's disability does not prevent the individual from utilizing and benefiting from educational opportunities, programs, and facilities at an educational institution.
History
Added September 2005. TOP
M Civ JI 106.35
Accommodation—Educational Institution—Burden of Proof
Plaintiff has the burden of proving the following elements:
(a) that (he/she) [ has a disability / has a history of a disability / is regarded as having a disability ] that is unrelated to (his/her) ability to utilize and benefit from the educational institution; and
(b) that (he/she) uses adaptive devices or aids; and
(c) that (he/she) was [ excluded / expelled / limited / other ] [ while seeking admission / while enrolled as a student ] in the terms, conditions, and privileges of the institution because of [ a disability / a history of a disability / being regarded as having a disability ] that is unrelated to (his/her) ability to utilize and benefit from the educational institution; and
(d) that (he/she) was [ excluded / expelled / limited / other ] [ while seeking admission / while enrolled as a student ] in the terms, conditions, and privileges of the institution because of (his/her) use of adaptive devices or aids; and
(e) that (he/she) suffered damages.
Note on Use
Particular subparagraphs may be deleted based on the facts of the case.
Comment
MCL 37.1402
History
Added September 2005.