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Employment Discrimination - Select a
topic:
Services Provided
At Talab Nunley, P.C., we counsel employees
and management on various employment matters including at-will
employment, discipline and discharge issues and various forms
of discrimination or harassment including those based upon
race, age, sex, or disability.
We assist employees and employers in the
preparation of consultation and independent contractor
contracts and in the enforcement of these contracts by
injunctive relief obtained through the courts or in litigation
seeking compensation.
In addition, the Firm represents parties in
all types of employment litigation including breach of
employment contracts, discrimination claims, wrongful and
retaliatory discharge, whistle blower actions and enforcement
of non-compete/non-solicitation contracts.
We have the ability to provide sound
practical advise supported by the litigation resources
necessary to solve complex time-sensitive workplace problems.
As with all litigation, we consider it extremely important
from both a cost management and strategic standpoint to
carefully investigate and evaluate a case early. When
litigation is not the best means of resolving a dispute, we
strive to use alternative methods such as arbitration and
mediation. If the case is one that should not be litigated we
attempt to bring the parties together to secure an early
settlement.
The clients of Talab Nunley, P.C. receive
aggressive advocacy tempered with prudent advice when
settlement is the best alternative. We inform our clients of
their rights and liabilities in the pursuit of litigation and
assist our clients in the analysis of the reasonableness of
any settlement offer or demand.
DISCRIMINATION
Defined as treating one person unfairly over
another according to factors unrelated to their ability or
potential, such as age, disability, sex or national origin.
Discrimination based on race, sex, age, religion, ethnicity,
physical or mental disability or sexual orientation is
prohibited by law. Our firm specializes in these types of
cases.
Our firm has represented numerous clients in
civil lawsuits against employers, police officers and other
government officials for civil rights violations in both State
and Federal courts.
Our firm works with individual employees to
determine whether or not their legal rights have been
violated.
Our firm represents private and public
sector employees in all aspects of the employer/employee
relationship, from pre-hire to post-termination.
Our firm represents employers in an effort
to avoid the costly litigation associated with discrimination
suits.
Our firm litigates from pre-suit through
settlement or verdict any employment claims on behalf of our
clients.
Our areas of representation include:
- Equal Employment Opportunity Commission (EEOC)
Hearings
- American with Disabilities Act (ADA)
Claims and Compliance
- Discrimination Claims (State and Federal)
- Employment Contracts
- Employment Handbooks
- OSHA and State Occupational Health and
Safety Laws
- Retaliation / Whistleblower Claims
- State and Federal Wage and Hour Laws
- Wrongful Termination
- Unemployment
Employment Discrimination Law
Basics
Our practice involves representing
individuals in discrimination actions (sex, race, color,
harassment, national origin, religion, age and disability),
unfair labor practices (denial of wages, overtime and equal
pay), denial of leave (Family Medical Leave Act) or being
retaliated against for asserting your rights.
Unfair or discriminating labor practices against employees may
occur in many forms: not hired, not promoted, denied equal
pay, harassed on the job, subjected to inappropriate jokes or
inappropriate touching, not paid wages or overtime, denied
leave, and denied the opportunity to work in an environment
free of harassment and retaliation.
Our Firm represents has represented individuals throughout the
United States in state and federal courts. We can assist you
through the process before administrative agencies such as the
Equal Employment Opportunity Commission, Department of Labor,
Occupational Safety and Health Administration, National Labor
Relations Board, Michigan Commission on Human Relations and
the Michigan Department of Unemployment Compensation.
We encourage you to become knowledgeable about your rights and
legal remedies. Call us today at 248-366-5000 for a free
initial consultation.
Employment Discrimination law seeks to prevent discrimination
based on race, sex, religion, national origin, physical
disability, and age by employers.
Discriminatory practices include bias in the following areas
of employment:
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Hiring
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Various types of harassment
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Promotion
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Job assignment
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Termination
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Compensation
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For Michigan victims of employment
discrimination, both federal and state laws provide
protections, rights, and remedies. The United States
Constitution and Michigan constitution provide additional
protection where the employer is a governmental body or the
government has taken significant steps to foster the
discriminatory practice of the employer.
If you are concerned about your legal
rights, contact our office for a
free, confidential consultation.
Federal Employment Discrimination
Laws
United States Constitution
The Fifth and Fourteenth Amendments of the United States
Constitution limit the power of the federal and state
governments to discriminate. The Fifth Amendment has an
explicit requirement that the federal government shall not
deprive individuals of "life, liberty, or property," without
due process of the law. It also contains an implicit guarantee
that each person receives equal protection of the laws.
The Fourteenth Amendment explicitly
prohibits states from violating an individual's rights of due
process and equal protection.
In the employment context the right of equal
protection limits the power of the state and federal
governments to discriminate in their employment practices by
treating employees, former employees, or job applicants
unequally because of membership in a group (such as a race or
sex).
Federal Statutes
The Equal Pay Act prohibits paying wages based on sex by
employers and unions. It provides that workers performing
equal work in jobs requiring "equal skill, effort, and
responsibility and performed under similar working
conditions," they shall be provided equal pay.
The Fair Labor Standards Act applies to
employees engaged in some aspect of interstate commerce or all
of an employer's workers if the enterprise is engaged as a
whole in a significant amount of interstate commerce.
Title VII of the Civil Rights Act of 1964
prohibits discrimination in many more aspects of the
employment relationship. It applies to most employers engaged
in interstate commerce with more than 15 employees, labor
organizations, and employment agencies. The Act prohibits
discrimination based on race, color, religion, sex or national
origin. Sex includes pregnancy, childbirth or related medical
conditions. An employer can not discriminate in hiring,
discharging, compensation, or terms, conditions, and
privileges of employment.
Civil Rights Acts, amended in 1993, ensure
all persons equal rights under the law and outline the damages
available to complainants in actions brought under the Civil
Rights Act of 1964, Title VII, the American with Disabilities
Act of 1990, and the Rehabilitation Act of 1973.
The Age Discrimination in Employment Act (ADEA)
prohibits employers from discriminating on the basis of age.
The prohibited practices are nearly identical to those
outlined in Title 7. An employee is protected from
discrimination based on age if he or she is over 40. The ADEA
contains explicit guidelines for benefit, pension and
retirement plans.
The Rehabilitation Act seeks the promotion
and expansion of employment opportunities in the public and
private sectors for handicapped individuals," through the
elimination of discrimination and affirmative action programs.
Employers covered by the act include agencies of the federal
government and employers receiving federal contracts over
$2500 or federal financial assistance.
The Equal Opportunity Employment Commission
(EEOC) interprets and enforces the Equal Payment Act, Age
Discrimination in Employment Act, Title VII, Americans with
Disabilities Act, and sections of the Rehabilitation Act. The
Commission was established by Title VII.
Employment discrimination laws are complex.
You should contact our office for a
free, confidential legal consultation if you believe you are
the victim of employment discrimination.
Federal Statutes
Discrimination in the private sector is not directly
constrained by the Constitution, but has become subject to a
growing body of federal statutes.
The Equal Pay Act amended the Fair Labor Standards Act in
1963. The Equal Pay Act prohibits paying wages based on sex by
employers and unions. It does not prohibit other
discriminatory practices bias in hiring. It provides that
where workers perform equal work in jobs requiring "equal
skill, effort, and responsibility and performed under similar
working conditions," they should be provided equal pay. The
Fair Labor Standards Act applies to employees engaged in some
aspect of interstate commerce or all of an employer's workers
if the enterprise is engaged as a whole in a significant
amount of interstate commerce.
Title VII of the Civil Rights Act of 1964 prohibits
discrimination in many more aspects of the employment
relationship. It applies to most employers engaged in
interstate commerce with more than 15 employees, labor
organizations, and employment agencies. The Act prohibits
discrimination based on race, color, religion, sex or national
origin. Sex includes pregnancy, childbirth or related medical
conditions. It makes it illegal for employers to discriminate
in hiring, discharging, compensation, or terms, conditions,
and privileges of employment. Employment agencies may not
discriminate when hiring or referring applicants. Labor
Organizations are also prohibited from basing membership or
union classifications on race, color, religion, sex, or
national origin.
The Nineteenth Century Civil Rights Acts, amended in 1993,
ensure all persons equal rights under the law and outline the
damages available to complainants in actions brought under the
Civil Rights Act of 1964, Title VII, the American with
Disabilities Act of 1990, and the Rehabilitation Act of 1973.
The Age Discrimination in Employment Act (ADEA) prohibits
employers from discriminating on the basis of age. The
prohibited practices are nearly identical to those outlined in
Title 7. An employee is protected from discrimination based on
age if he or she is over 40. The ADEA contains explicit
guidelines for benefit, pension and retirement plans.
The Rehabilitation Act's purpose is to "promote and expand
employment opportunities in the public and private sectors for
handicapped individuals," through the elimination of
discrimination and affirmative action programs. Employers
covered by the act include agencies of the federal government
and employers receiving federal contracts over $2500 or
federal financial assistance. The Department of Labor enforces
section 793 of the act which refers to employment under
federal contracts. The Department of Justice enforces section
794 of the act which refers to organizations receiving federal
assistance.
The EEOC enforces the act against federal employees and
individual federal agencies promulgate regulation pertaining
to the employment of the disabled.
The American with Disabilities Act (ADA) was enacted to
eliminate discrimination against those with handicaps. It
prohibits discrimination based on a physical or mental
handicap by employers engaged in interstate commerce and state
governments. The type of discrimination prohibited is broader
than that explicitly outlined by Title VII.
The Black Lung Act prohibits discrimination by mine operators
against miners who suffer from "black lung" (pneumoconiosis).
The Equal Opportunity Employment Commission (EEOC) interprets
and enforces the Equal Payment Act, Age Discrimination in
Employment Act, Title VII, Americans With Disabilities Act,
and sections of the Rehabilitation Act. The Commission was
established by Title VII. Its enforcement provisions are
contained in section 2000e-5 of Title 42, and its regulations
and guidelines are contained in Title 29 of the Code of
Federal Regulations, part 1614.
Employment discrimination laws are complex. You should
contact our office for a free,
confidential legal consultation if you believe you are the
victim of employment discrimination.
Michigan Discrimination
Laws
Two Primary Michigan Laws
In Michigan, employment discrimination issues are covered,
primarily, by the Elliott-Larsen Civil Rights Act (ELCRA) and
the Persons With Disabilities Civil Rights Act (PWDCRA).
These two critically important laws prohibit discrimination in
the following areas:
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Employment
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Education
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Housing
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Public Accommodation
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Law Enforcement
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Public Service
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Michigan law prohibits discrimination based upon:
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Religion
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Race
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Color
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Age
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National Origin
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Sex (includes pregnancy and sexual harassment)
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Height
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Weight
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Disability
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Retaliation
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Marital Status
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Familial Status
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Arrest Record
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The prohibition against height and weight
discrimination applies to employment only and the prohibition
against familial status discrimination applies to housing
only.
Applies to All Employers
All employers are covered under the ELCRA and PWDCRA, both
public and private.
Statute of Limitations
Complaints alleging discrimination must be filed within 180
days of the alleged act or acts of discrimination, or within
180 days of the date when the alleged discrimination was or
should have been discovered. However, acts of discrimination
that are more than 180 days old may not be barred because they
could be part of a continuing violation.
If you or a loved one has been a victim of
any type of discrimination you should
contact our office immediately for a free, confidential
consultation.
Sexual Harassment Overview
Sexual harassment is when an individual or
group of persons makes you believe you could lose your
employment or be disciplined in any form, or be discriminated
against in obtaining or benefiting from public accommodations,
public services, employment, education, or housing, if you do
not give in to their sexual advances or remarks.
Legal Definition of Sexual Harassment
Michigan law defines sexual harassment in the Elliot-Larsen
Civil Rights Act of 1953.
Two broad categories of sexual harassment
(1) Quid pro quo or
(2) hostile work environment
According to Section 103 (h) of the
Elliott-Larsen Civil Rights Act sexual harassment means
unwelcome sexual advances, requests for sexual favors, and
other verbal or physical conduct or communication of a sexual
nature when:
(i) Submission to such conduct or
communication is made a term or condition either explicitly or
implicitly to obtain employment, public accommodations or
public services, education, or housing.
(ii) Submission to or rejection of such conduct or
communication by an individual is used as a factor in
decisions affecting such individual’s employment, public
accommodations or public services, education, or housing.
(iii) Such conduct or communication has the purpose or effect
of substantially interfering with an individual’s employment,
public accommodations or public service, education, or housing
environment.
Sexual Harassment - Quid Pro
Quo Harassment
Quid Pro Quo is a Latin term that means,
literally, “this for that”.
It is an exchange or bargain between two parties. Under
Michigan law, any exchange in the employment context that
involves sex is illegal.
Often an employer communicates an exchange
between sexual favors and continued employment and/or
promotion.
You should contact our
office for a free, confidential legal consultation if you
believe you are the victim of any type of discrimination.
Sexual Harassment - Hostile
Work Environment
Hostile environment sexual harassment in the
workplace is situations in which the employer, supervisor, or
co-worker does or communicates words that make the victim feel
uncomfortable because of his or her sex. Hostile environment
sexual harassment in the workplace does not need to include a
demand for an exchange of sex for a job benefit. It is the
creation of an intimidating, hostile or offensive environment.
For an employee to prove a hostile work
environment, the harassment must be severe and pervasive. An
occasional offensive remark or sexual joke typically will not
be enough to create a hostile work environment.
Our highest court, the U.S. Supreme Court
has ruled that if a supervisor sexually harasses an employee
and the harassment results in an adverse employment action
against the employee, such as a demotion or discharge, the
employer is automatically liable.
Under Michigan law an employer is liable for
a hostile work environment if it failed to take timely and
adequate corrective action after having been reasonably put on
notice of the harassment. The employee must inform management
so that the employer has notice and an opportunity to
investigate the matter.
You should contact our
office for a free, confidential legal consultation if you
believe you are the victim of any type of discrimination.
Pregnancy Discrimination
Federal and Michigan laws protect the rights
of pregnant women in the workplace.
Michigan Law
The Elliott-Larsen Civil Rights Act prohibits discrimination
on the basis of sex which includes, but is not limited to
pregnancy, childbirth, or medically related conditions or
pregnancy or childbirth.
An employer may not terminate a pregnant woman’s employment
because of her pregnancy.
Federal Law
The Pregnancy Discrimination Act is an amendment to Title VII
of the Civil Rights Act of 1964.
The amendment requires that employees
temporarily and medically disabled by pregnancy, childbirth,
or related medical conditions be treated in a like manner to
employees temporarily and medically disabled by other non-work
related conditions or injuries.
Employers cannot force employees to begin or
return from a maternity leave at a predetermined time. The
opinion of the woman’s doctor dictates the length of a
maternity leave.
If you believe that you have been the victim
of pregnancy related discrimination at your workplace,
contact our office for a free,
confidential legal consultation.
Family Medical Leave Act (FMLA) Claims
Overview
The Family Medical Leave Act (FMLA) is a federal law that
enables workers to take unpaid job-protected leave for meeting
certain family and medical needs.
Protections and Rights
According to the FMLA, an employer must provide eligible
employees up to 12 work weeks of job protected unpaid leave in
a 12 month period to care for:
- A newborn child
- Newly placed adopted or foster child
- To care for a seriously ill child, spouse
or parent
- To care for the employee’s own serious
health condition which makes the employee unable to perform
the functions of the position
Under FMLA, an employer must provide an
eligible employee with the following protections:
- Maintain the employee’s health coverage
under any “group health plan.”
- Restore the employee to their original or
equivalent position upon return to work
Under FMLA, it is illegal for an employer to
take any of the following specific actions against an
employee:
- Interfere with, restrain, or deny the
exercise of any FMLA right
- Discharge or discriminate against any
person for opposing any practice made unlawful by FMLA or
for involvement in any proceeding under or related to FMLA
Who is Covered?
Employees are eligible if the following criterion is met:
- The employee has worked for at least 52
weeks and 1,250 hours over the previous 12 months.
- The employer has 50 or more employees who
work within 75 miles of the work site.
- FMLA applies to public agencies including
state, local and federal employers, and local education
agencies.
If you believe that you have been denied
FMLA rights and protections, contact our
office for a free, confidential legal consultation.
Age Discrimination
Age discrimination arises when an individual
is considered less favorably in his or her employment because
of age.
Both Federal and Michigan law prohibit age discrimination and
provide damages for the victims of age discrimination.
Michigan Law
In Michigan age discrimination cases can be brought under
state law using the Elliott-Larsen Civil Rights Act (ELCRA)
which prohibits discrimination based upon age.
The ELCRA states the following:
An employer must not refuse to hire or recruit, discharge, or
otherwise discriminate against an individual with respect to
employment, compensation, or a term, condition, or privilege
of employment, because of religion, race, color, national
origin, age, sex, height, weight, or marital status. MCL §
37.2202.
Federal Law - The Age Discrimination in Employment Act (ADEA)
The Age Discrimination in Employment Act protects employees
over the age of 40 who work for an employer that employs more
than 20 people. However, in some situations age discrimination
in the context of forced retirement is legal. These include
retirement ages for police and fire fighters and corporate
executives earning over the mandated amount.
The Age Discrimination in Employment Act of 1967 (ADEA)
protects individuals who are 40 years of age or older from
employment discrimination based on age. The ADEA's protections
apply to both employees and job applicants. Under the ADEA, it
is unlawful to discriminate against a person because of
his/her age with respect to any term, condition, or privilege
of employment -- including, but not limited to, hiring,
firing, promotion, layoff, compensation, benefits, job
assignments, and training.
It is also unlawful to retaliate against an individual for
opposing employment practices that discriminate based on age
or for filing an age discrimination charge, testifying, or
participating in any way in an investigation, proceeding, or
litigation under the ADEA.
The ADEA makes it unlawful to include age preferences,
limitations, or specifications in job notices or
advertisements. However, a job notice or advertisement may
specify an age if it is a "bona fide occupational
qualification" (BFOQ) reasonably necessary to the essence of
the business.
The ADEA applies to employers with 20 or more employees,
including state and local governments. It also applies to
employment agencies and to labor organizations, as well as to
the federal government.
At an employer's request, an individual may agree to waive
his/her rights or claims under the ADEA. However, the ADEA, as
amended by OWBPA, sets out specific minimum standards that
must be met in order for a waiver to be considered knowing and
voluntary and, therefore, valid. Some of the requirements for
a valid ADEA waiver: (1) must be in writing and be
understandable; (2) must specifically refer to ADEA rights or
claims; (3) may not waive rights or claims that may arise in
the future; (4) must be in exchange for valuable
consideration; (5) must advise the individual in writing to
consult an attorney before signing the waiver; and (6) must
provide the individual at least 21 days to consider the
agreement and at least 7 days to revoke the agreement after
signing it. Notwithstanding, if an employer requests an ADEA
waiver in connection with an exit/early retirement program or
other termination program, the minimum requirements for a
valid waiver are more extensive.
The Older Workers Benefit Protection Act of 1990 (OWBPA)
amended the ADEA to specifically prohibit employers from
denying benefits to older employees. An employer may reduce
benefits based on age only if the cost of providing the
reduced benefits to older workers is the same as the cost of
providing benefits to younger workers.
If you believe that you have been the victim of illegal age
discrimination, contact our office
for a free, confidential legal consultation.
Racial
Discrimination
Michigan Racial Discrimination Law
The Elliott-Larsen Civil Rights Act (ELCRA) is the Michigan
law that prohibits discrimination based upon race or color.
The ELCRA states the following:
An employer must not refuse to hire or recruit, discharge, or
otherwise discriminate against an individual with respect to
employment, compensation, or a term, condition, or privilege
of employment, because of religion, race, color, national
origin, age, sex, height, weight, or marital status. MCL §
37.2202
If you believe that you have been the victim
of illegal racial discrimination, contact
our office for a free, confidential legal consultation.
Federal Racial Discrimination Law – Title VII
Title VII of the Civil Rights Act of 1964 protects individuals
against employment discrimination on the bases of race and
color, as well as national origin, sex, and religion. Title
VII applies to employers with 15 or more employees, including
state and local governments. It also applies to employment
agencies and to labor organizations, as well as to the federal
government.
It is unlawful to discriminate against any employee or
applicant for employment because of his/her race or color in
regard to hiring, termination, promotion, compensation, job
training, or any other term, condition, or privilege of
employment. Title VII also prohibits employment decisions
based on stereotypes and assumptions about abilities, traits,
or the performance of individuals of certain racial groups.
Title VII prohibits both intentional discrimination and
neutral job policies that disproportionately exclude
minorities and that are not job related.
Equal employment opportunity cannot be denied because of
marriage to or association with an individual of a different
race; membership in or association with ethnic based
organizations or groups; or attendance or participation in
schools or places of worship generally associated with certain
minority groups.
Race-Related Characteristics and
Conditions
Discrimination on the basis of an indisputable characteristic
associated with race, such as skin color, hair, or certain
facial features violates Title VII, even though not all
members of the race share the same characteristic. Title VII
also prohibits discrimination on the basis of a condition that
predominantly affects one race; however, if the practice is
job related and consistent with business necessity the
practice may be acceptable.
Harassment
Harassment on the basis of race and/or color violates Title
VII. Ethnic slurs, racial "jokes," offensive or derogatory
comments, or other verbal or physical conduct based on an
individual's race/color constitutes unlawful harassment if the
conduct creates an intimidating, hostile, or offensive working
environment or interferes with the individual's work
performance.
Segregation and Classification of
Employees
Title VII is violated where employers intentionally segregate
members of a protected group by physically isolation from
other employees or customer contact. In addition, employers
may not assign employees according to race or color. It is
also illegal to exclude employees from a particular position
or to group or categorize employees in jobs so that certain
jobs are generally held by members of a certain group.
Retaliation
It is also unlawful to retaliate against an individual for
opposing employment practices that discriminate based on race
or color, or for filing a discrimination charge, testifying,
or participating in any way in an investigation, proceeding,
or litigation under Title VII.
If you believe that you have been the victim of illegal racial
discrimination, contact our office
for a free, confidential legal consultation.
Religious Discrimination
Michigan Law
The Elliott-Larsen Civil Rights Act (ELCRA) prohibits
discrimination based upon religion.
The ELCRA states the following:
An employer must not refuse to hire or
recruit, discharge, or otherwise discriminate against an
individual with respect to employment, compensation, or a
term, condition, or privilege of employment, because of
religion, race, color, national origin, age, sex, height,
weight, or marital status. MCL § 37.2202
Federal Law
Title VII of the Civil Rights Act of
l964 prohibits employers from discriminating against
individuals because of their religion in hiring, firing, and
other terms and conditions of employment. Title VII covers
employers with 15 or more employees, including state and local
governments. It also applies to employment agencies and to
labor organizations, as well as to the federal government.
Biased Treatment
Employers may not treat differently employees or applicants
because of their religious beliefs or practices. An employer
may not decline an offer of employment to an individual
because of a certain religion. An employer may not impose more
stringent promotion requirements for persons of a certain
religion. An employer may not require more or different work
requirements on an employee because of that employee's
religious beliefs or practices.
Employees cannot be forced to participate -- or not
participate -- in a religious activity as a condition of
employment.
Reasonable Accommodations
Employers must reasonably accommodate employees’ held
religious beliefs or practices unless doing so would entail an
undue hardship on the employer. A reasonable religious
adjustment is any modification to the work environment that
will allow the employee to practice their religion. For
instance: Flexible scheduling, voluntary substitutions or
swaps, job reassignments and lateral transfers and modifying
workplace practices, policies and/or procedures are some of
the examples.
Harassment
Employers must take steps to prevent religious harassment of
their employees.
Retaliation
It is also unlawful to retaliate against an individual for
opposing employment practices that discriminate based on
religion.
If you believe that you have been the victim of discrimination
based upon your religion, contact our
office for a free, confidential legal consultation.
Disability Discrimination & Reasonable Accommodations
Michigan Law
The Persons With Disabilities Civil Rights Act (PWDCRA) is the
Michigan law making discrimination against disabled
individuals illegal.
The PWDCRA defines disability as a
determined physical or mental characteristic which may result
from disease, injury, congenital condition of birth, or
functional disorder if the characteristic substantially limits
one or more major life activities and is unrelated to the
individual’s ability to perform the essential functions of the
job.
No disability exists if the person is simply unable to perform
a particular job. The person must be disabled both in daily
life and in the workplace.
Michigan law requires employers to accommodate disabled
employees. Employees must request an accommodation in writing
within 182 days of the employee’s knowledge that an
accommodation is required.
Federal Law
Title I of the Americans with Disabilities Act of 1990 (ADA)
prohibits private employers, state and local governments,
employment agencies and labor unions from discriminating
against qualified individuals with disabilities in job
application procedures, hiring, firing, advancement,
compensation, job training, and other terms, conditions, and
privileges of employment.
The ADA covers employers with 15 or more
employees, including state and local governments. It also
applies to employment agencies and to labor organizations. The
ADA's nondiscrimination standards also apply to federal sector
employees under section 501 of the Rehabilitation Act, as
amended, and its implementing rules.
Under the ADA, An individual with a disability is a person
who:
- Has a physical or mental impairment that
substantially limits one or more major life activities;
- Has a record of such an impairment; or
- Is regarded as having such impairment.
A qualified employee or applicant with a
disability is an individual who, with or without reasonable
accommodation, can perform the essential functions of the job
in question. Reasonable accommodation may include, but is not
limited to:
- Making existing facilities used by
employees readily accessible to and usable by persons with
disabilities.
- Job restructuring, modifying work
schedules, reassignment to a vacant position;
- Acquiring or modifying equipment or
devices, adjusting or modifying examinations, training
materials, or policies, and providing qualified readers or
interpreters.
Title I of the ADA also covers:
Medical Examinations and Inquiries
Applicants may be asked about their ability to perform
specific job functions, but not the existence, nature, or
severity of a disability.
Drug and Alcohol Abuse
Employees and applicants currently engaging in the illegal use
of drugs are not covered by the ADA when an employer acts on
the basis of such use. Tests for illegal drugs are not subject
to the ADA's restrictions on medical examinations. Employers
may hold illegal drug users and alcoholics to the same
performance standards as other employees.
If you believe that you have been the victim of disability
discrimination, contact our office
for a free, confidential legal consultation.
Our Employment Discrimination
Qualifications
Most of our current clients were referred to
our office by satisfied clients who we assisted in the past.
Other attorneys have referred friends and family members to
our office, confident that their claim would be handled by an
extraordinary team of professionals.
The most important component of our firm is
our commitment to our clients. Your claim is the single most
important issue to us. We understand the serious nature of the
injuries sustained by our clients, and are 100% committed to
helping our clients through the difficult times that they
face.
Every client is important to our office, and
with every case we want to fight to achieve the best possible
result.
Free Consultation -- Do I have a case?
Any information that you provide is confidential. Our office
will only use this information to determine the viability of a
claim on your behalf.
There is no charge or obligation, and any consultation is
free. A member of our legal group will review this information
and respond immediately.
You can always contact us directly at 1-248-366-5000. Our
phones answer 24 hours a day, 7 days a week.
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