M 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.