The Michigan Department of Civil Rights has updated a poster that employers must post at their Michigan work sites. The poster—Michigan Law Prohibits Discrimination—is a required posting under the Michigan Elliott Larsen Civil Rights Act and the Michigan Persons with Disabilities Civil Rights Act (MPWDA). The new poster was recently released and has reinserted language addressing accommodation under the MPWDA that had been eliminated in 2011. The new poster now states that "Persons with disabilities needing accommodation for employment must notify their employers in writing within 182 days."
This notice provision addressing the need for accommodation arises from the MPWDA, which provides at MCL §37.1210 as follows:
- A person with a disability may allege a violation against a person regarding a failure to accommodate under this article only if the person with a disability notifies the person 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.
- A person shall post notices or use other appropriate means to provide all employees and job applicants with notice of the requirements of subsection (18).
The new Michigan poster can be obtained at the Michigan Department of Civil Rights link.
Recommendations
Post the Michigan Law Prohibits Discrimination poster in a conspicuous place along with your other required employment postings. In addition, any employee handbook or similar communication provided to employees should contain language notifying employees of their need to inform their employer about a need for accommodation in writing within 182 days of when the employee knew or reasonably should have known that an accommodation is needed.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.