The Michigan Department of Civil Rights (MDCR) has released a revised “Michigan Law Prohibits Discrimination” posting. The revised posting includes new information for individuals with a disability. An individual with a disability needing accommodations must advise his or her employer in writing within 182 days of the need for accommodations. This new time limit comes as a result of a court case decision made in the year 2000.
In July 2000, Michigan’s Court of Appeals held in case of Petzold v. Borman, Inc. that the plaintiff, Karl Petzold, was not entitled to accommodations in employment. The plaintiff suffered from Tourette Syndrome, which caused involuntary outburst of obscene words and racial epithets. He worked as a bagger at the defendant’s grocery store for approximately a year, during which he would loudly utter obscenities and racial slurs in the presence of customers. After an incident in May 1996, the plaintiff was terminated.
The plaintiff sued for disability discrimination. He claimed that the employer was required to make accommodations for his illness under Michigan Law that prohibits discrimination against people with disabilities. Michigan’s Court of Appeals dismissed the case by ruling that the employer did not violate the law by dismissing the employee since the disability prevented the employee from behaving with respect toward customers and coworkers. The ruling was consistent with prior interpretations of the Persons with Disabilities Civil Rights Act. Under the Act, a person with a disability may allege a violation against a person regarding a failure to accommodate under the Act only if the person with a disability notified in writing of the need for accommodation within 182 days after the date the person with a disability knew of reasonably should have known that an accommodation was needed.
Michigan employers are required to post the Michigan Law Prohibits Discrimination posting in conspicuous place. Employers with a Michigan All-On-OneTM Labor Law Poster can comply with a 2017 Michigan Law Prohibits Discrimination Peel ‘N PostTM, or purchase a new 2017 Michigan All-On-OneTM Labor Law Poster that includes the updated posting.