PWDCRA vs. ADA in Michigan: Understanding Your Workplace Rights

Living with a disability is challenging enough without worrying about whether your employer will respect your rights. If you have been denied an accommodation, treated differently because of a medical condition, or disciplined after asking for help, you may wonder what legal protections are available. Many Michigan employees hear about both the Americans with Disabilities Act and the Persons With Disabilities Civil Rights Act, but they are often unsure how these laws differ.

Michigan employees are frequently protected by both federal and state law. While these laws share many of the same goals, they are not identical. Knowing how each law works can help you understand your rights, recognize when an employer may have crossed the line, and make informed decisions about your next steps.

What Is the ADA?

The Americans with Disabilities Act, commonly called the ADA, is a federal law that protects qualified individuals with disabilities from discrimination. It applies in many areas of public life, including employment. For workers, the ADA is designed to ensure that people are judged by their ability to perform a job rather than by stereotypes or assumptions about a disability.

The law also requires covered employers to provide reasonable accommodations when needed, unless doing so would create an undue hardship for the business. This allows qualified employees to perform the essential duties of their jobs while receiving equal treatment in the workplace.

Overview of the Americans with Disabilities Act

Congress passed the ADA in 1990 to reduce disability discrimination throughout the United States. In the employment context, the law applies to private employers, state and local governments, employment agencies, and labor organizations that meet certain requirements.

The ADA focuses on creating equal employment opportunities by requiring employers to:

• Make employment decisions without discrimination based on disability.
• Provide reasonable accommodations when appropriate.
• Prevent harassment based on disability.
• Protect employees from retaliation for asserting their legal rights.
• Evaluate employees based on their qualifications and job performance.

Who Qualifies Under the ADA?

Not every medical condition automatically qualifies as a disability under the ADA. Instead, the law looks at how a condition affects a person's daily life and ability to perform major life activities.

A person may qualify if they:

• Have a physical or mental impairment that substantially limits one or more major life activities.
• Have a documented history of such an impairment.
• Are regarded by an employer as having a disability, even if that perception is incorrect.

Major life activities may include:

• Walking
• Seeing
• Hearing
• Speaking
• Breathing
• Learning
• Working
• Caring for yourself
• Concentrating
• Lifting
• Sleeping

What Is Michigan's PWDCRA?

Michigan has its own disability discrimination law called the Persons With Disabilities Civil Rights Act, often shortened to the PWDCRA. While it shares many similarities with the ADA, it is a separate state law with its own language, standards, and legal history.

The PWDCRA protects qualified individuals from discrimination in employment and other areas of public life. It also requires employers to provide reasonable accommodations when appropriate. In many situations, employees may have rights under both Michigan law and federal law at the same time.

Overview of the Persons With Disabilities Civil Rights Act

The Michigan Legislature enacted the PWDCRA to ensure individuals with disabilities have equal opportunities in the workplace and throughout society. The law recognizes that many capable employees can successfully perform their jobs when employers make reasonable adjustments.

Like the ADA, the PWDCRA seeks to eliminate workplace discrimination by requiring employers to evaluate employees based on their qualifications instead of assumptions about a disability.

The law generally addresses issues involving:

• Hiring decisions
• Promotions
• Discipline
• Job assignments
• Reasonable accommodations
• Termination
• Harassment based on disability
• Retaliation for asserting legal rights

Who Is Protected Under the PWDCRA?

Michigan law defines disability differently than the ADA. Under the PWDCRA, the focus is generally on whether an individual's disability is unrelated to their ability to perform the duties of a particular job.

This distinction is important because the legal analysis may differ from a federal ADA claim. A person may have protections under one law, both laws, or neither, depending on the specific facts.

Courts often examine factors such as:

• The employee's medical condition.
• The essential functions of the position.
• Whether reasonable accommodations were requested.
• Whether accommodations would allow the employee to perform the job successfully.
• How the employer responded after learning about the disability.

PWDCRA vs. ADA: The Biggest Differences

Comparison Table

Topic

ADA

Michigan PWDCRA

Governing law

Federal law

Michigan state law

Employers covered

Generally employers with 15 or more employees

Often applies to employers with 1 or more employees

Definition of disability

Federal statutory definition

Michigan statutory definition

Reasonable accommodations

Required

Required

Interactive process

Expected during accommodation discussions

Expected under Michigan law

Enforcement

EEOC and federal courts

Michigan Department of Civil Rights and Michigan courts

Claims

Federal claims

State law claims

What Is a Reasonable Accommodation?

A reasonable accommodation is a change that allows a qualified employee with a disability to perform the essential functions of their job. The accommodation should help remove workplace barriers without creating an undue hardship for the employer.

Reasonable accommodations look different from one workplace to another. What works for an office employee may not be appropriate in a manufacturing facility or hospital.

Examples of Common Workplace Accommodations

Depending on the circumstances, accommodations may include:

• Modified work schedules
• Flexible start or end times
• Remote work when appropriate
• Additional unpaid leave in some situations
• Voice recognition software
• Screen readers
• Ergonomic equipment
• Reserved parking spaces
• Job restructuring of nonessential duties
• Reassignment to a vacant position when required by law

Real World Examples

Multiple Sclerosis

Sarah works in an accounting office and has multiple sclerosis. Her symptoms are often worse in the early morning. She requests a later start time so she can continue performing all of her job duties.

If the schedule change does not create an undue hardship, it may be considered a reasonable accommodation.

Anxiety Disorder

David has an anxiety disorder that makes it difficult to concentrate in a loud, open office. He asks to relocate to a quieter workspace or use noise reducing equipment.

Depending on the circumstances, either option may allow him to perform his job effectively.

Lifting Restrictions

Maria works in a warehouse after recovering from a back injury. Her doctor limits the amount of weight she can lift. She requests mechanical lifting equipment that would allow her to complete the essential parts of her job safely.

An employer should evaluate whether the requested equipment is a reasonable accommodation under the circumstances.

Recovery From Surgery

James undergoes surgery and needs several weeks of recovery before returning to the office full time. His physician recommends temporary remote work while he heals.

If James can perform the essential functions of his position from home, temporary remote work may be an appropriate accommodation depending on the nature of his job.

What Employers Are Required to Do

When an employer learns that an employee may need a workplace accommodation, they cannot simply ignore the request. Both the ADA and Michigan's PWDCRA generally require employers to consider whether a reasonable accommodation is available.

The law does not require employers to grant every request. However, it does expect them to participate in a meaningful discussion about possible solutions.

The Interactive Process

The interactive process is an ongoing conversation between the employer and employee. Its purpose is to identify an accommodation that allows the employee to perform the essential functions of the job.

During this process, employers should:

• Respond to accommodation requests in a timely manner.
• Communicate openly and in good faith.
• Request reasonable medical documentation when appropriate.
• Explore different accommodation options.
• Evaluate whether an accommodation would create an undue hardship.
• Continue discussing alternatives if the first option is not feasible.

Talk to Batey Law About Your Disability Rights

If you believe your employer denied a reasonable accommodation, discriminated against you because of a disability, or retaliated after you asserted your workplace rights, it may be time to speak with an experienced Michigan employment attorney.

At Batey Law, employment law is not just one of many practice areas. It is our exclusive focus. Attorney Scott Batey has spent decades representing Michigan employees who have experienced workplace discrimination, retaliation, wrongful termination, and disability related legal issues.

Every case begins with listening. We take the time to understand your situation, answer your questions, and explain your legal options in plain English. Our goal is to help you make informed decisions while pursuing the strongest outcome possible.

Contact Batey Law Today

If you have questions about the ADA, the Michigan Persons With Disabilities Civil Rights Act, or your workplace rights, Batey Law is here to help.

Batey Law Firm, PLLC

30200 Telegraph Road, Suite 400

Bingham Farms, MI 48025

Phone: (248) 540-6800

Website: www.bateylaw.com