Michigan Handicapped Employment Discrimination Law

This law amends the Michigan Handicapper Civil Rights Act (HCRA) of 1976 to clarify its original intent, assuring that an accommodation be considered when determining whether a handicap is related or unrelated to an individual's ability to perform the duties of a job.
The HCRA protected handicappers seeking employment or promotion by prohibiting discrimination by employers. HCRA also required employers to provide accommodations (like adaptive aids and devices) for handicapped workers to enable them to perform the job, unless providing such an accommodation imposed an "undue hardship" on the employer. If a person's handicap required an accommodation, and the accommodation could be provided by the employer without imposing an undue hardship, then the handicap was considered "unrelated" to the individual's ability to perform the job.
The HCRA served handicappers well for ten years until a Michigan Supreme Court ruling, Carr v General Motors. The court held that Mr. Carr's handicap was related to his ability to perform the responsibilities of the job, even though an accommodation was not considered, and ruled that he did not have the protection of the HCRA and that G.M. and no responsibility to provide an accommodation. Because the majority opinion did not consider whether or not accommodation could have been provided to enable Mr. Carr to perform the job in question, the court ruling in effect, drastically reduced the protection to handicappers that the law originally intended to provide.
Public Act 121 amends the definition of "handicap" and "unrelated" under HCRA and restores the original intent of the act.

HANDICAPPED DISCRIMINATION LAW
TAKES IMMEDIATE EFFECT
On June 25, Governor Blanchard signed important legislation amending the Michigan Handicappers' Civil Rights Act. The amendments require employers to "accommodate" handicapped employees and applicants, unless doing so would impose an "undue hardship" on your business. This new law has been given immediate effect, and will have an immediate impact on your business.
The amendments specifically state how much you must pay for certain kinds of "accommodations." These required payments are based on the State Average Weekly Wage ("SAWW"), as determined from time to time by the Michigan employment Security Commission.The current SAWW is $474.22.

ACCOMMODATION PROVISIONS
1. You must supply each handicapped employee with "equipment or devices" to enable him/her to do the job, unless the cost to you for each handicapped employee would exceed:
The SAWW, if you have fewer than 4 employees
1.5 times the SAWW, if you have 4 to 14 employees
2.5 times the SAWW, if you have 15 to 24 employees
at least 2.5 times the SAWW, if you have 25 or more employees (you may be required to spend more, unless you can show that doing so would impose an "undue hardship" on your business)
2. You must spend whatever is necessary for "reasonable routine maintenance" of "equipment or devices" needed to accommodate handicaps.
3. You must hire "readers or interpreters" to enable handicapped employees to do the job, unless the annual cost of doing so for each handicapper exceeds:
7 times the SAWW for the first year, and 5 times the SAWW for subsequent years, if you have fewer than 4 employees
10 times the SAWW for the first year, and 7 times the SAWW for subsequent years, if you have 4 to 14 employees
15 times the SAWW for the first year, and 10 times the SAWW for each subsequent year, if you have 15 to 24 employees at least 15 times the SAWW for the first year, and 10 times the SAWW for subsequent years, if you have 25 or more employees (you may be required to spend more than these amounts, unless you can show that doing so would impose an "undue hardship" on your business)
0. If you have 15 or more employees, you must restructure jobs or alter work schedules as needed to accommodate a handicap, but only with regard to "minor or infrequent duties."
1. You must take any other action (not covered above) needed to accommodate a handicap unless you can show that the cost or results of the accommodation would impose an "undue hardship" on your business. For "temporary employees," the required "accommodation payments" under (1) and (3) above, are reduced by 50%. Governmental employess and nonprofit employers (those exempt from federal income taxes under IRC 501 (c) (3)) are exempt from the accommodations requirements in (1) thru (4) above.
Handicaps protected by the Act include any physical or mental condition that " substantially limits" one or more "major life activities," provided that the handicap will not interfere with job performance once it is "accommodated" as required by the Act. Persons who have a "history" or a handicap or who are "perceived" to have a handicap are also covered. The Act specifically excludes from its protection anyone whose handicap results from:
(1) Current illegal use of a controlled substance; or
(2) Use of alcohol which prevents proper job performance.

A handicapped applicant or employee who believes he/or she has been discriminated against in violation of the Act can file a complaint with the Michigan Department of Civil Rights, or can sue the employer in Circuit Court. An employee/applicant may not sue for failure to accommodate unless he/she request accommodation of the employer in writing within 182 days after he/she knows or should know that an accommodation is needed. If, however, an employer does not post notices informing the employees/applicants of this 182-day time limit, then employees/-applicants can sue even if they haven't given written notice of a requested accommodation.
The federal "Americans With Disabilities Act" will require covered employers to accommodate handicaps in much the same way as now required by the Michigan Act. However, the effective date of the Americans With Disabilities Act will be deferred until 1992. The Michigan Handicapper's Civil Rights Act amendments are in effect now.


Who is PVA?
The Paralyzed Veterans of America was chartered by Congress to provide free assistance to all veterans and to meet the special needs of thousands of veterans who have a spinal cord injury or disease.
PVA is the largest private funder of spinal cord research designed to find a cure for spinal cord dysfunctions and provide better care for those who now have a spinal cord injury or disease.
Since its founding in 1947, PVA has been fighting to provide spinal cord impaired veterans, veterans with other disabilities and, in fact, all handicapped Americans, with the laws necessary to enjoy equal opportunity for all, "the American dream" for which PVA members fought.
The Paralyzed Veterans of America is a dynamic, broad-based organization with more than 40 chapters and subchapters nationwide, more than 50 national service offices and 14,000 members.
PVA neither seeks nor receives federal funds: The organization, supported by donations from the general public, strives to improve the care, treatment and rehabilitation of spinal cord impaired persons through improved technology and public awareness while searching for an ultimate cure for spinal cord injuries and diseases.

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