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:

(1)

(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.

(2) The Persons with Disabilities Civil Rights Act also provides that a person shall not retaliate or discriminate against a person because the person has opposed a violation of the act, or because the person has made a charge, filed a complaint, testified, assisted, or participated in an investigation, proceeding, or hearing under the act.

Note on Use

The use of any particular subsection will be dictated by the facts of the case.

Comment

MCL 37.1202; MCL 37.1602.

History

Added September 2005. Amended July 2012.