Alert: Mich Releases Discrimination Poster Update

Michigan Releases Updated Discrimination Poster
Poster Now Available for Download Below

The Michigan Department of Civil Rights (MDCR) has released an updated version of its required workplace poster.

Background
State law generally prohibits employers from discriminating in employment based on religion, race, color, national origin, sex, disability, age, and marital status, among other things.

Under state nondiscrimination law, a person with a disability may allege a violation regarding a failure to accommodate under the law only if the person with a disability notifies the employer in writing of the need for accommodation within 182 days after the date the person with a disability knew or reasonably should have known that an accommodation was needed.

An employer must post notices or use other appropriate means to provide all employees and job applicants with notice of the requirements outlined in the paragraph immediately above.

New Poster
The new Michigan Discrimination Law Poster includes a note to employees and applicants with disabilities regarding the 182-day time limit for notifying employers (in writing) of the need for accommodation under state law.

As discussed above, state law requires that employers inform employees and applicants about this 182-day time limit. According to the MDCR, “a business that fails to provide adequate notice to its employees may waive the ability to use the time limit as a defense.”

Click here to download the poster in English, Spanish, and Arabic.

Note: Generally, employers with 15 or more employees must also comply with the federal Americans with Disabilities Act (ADA). ADA enforcement guidance provides that “[r]equests for reasonable accommodation do not need to be in writing. . . . An individual with a disability may request a reasonable accommodation at any time during the application process or during the period of employment. . . . [A]n individual with a disability should request a reasonable accommodation when [he or she] knows that there is a workplace barrier that is preventing [him or her], due to a disability, from effectively competing for a position, performing a job, or gaining equal access to a benefit of employment.” (Emphasis added.) Click here for more information. Employers subject to both the ADA and state nondiscrimination law may wish to contact a knowledgeable employment law attorney to ensure workplace policies and practices are compliant with applicable law.

For more information, click on the Contact button above.

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