Over the decades of advocating on behalf of injured and disabled workers, the attorneys in this firm have unfortunately have encountered too many employers who discriminate or retaliate against employees because of their disabilities and/or their workers’ compensation claims. There are a number of legal protections which are supposed to prevent and deter discrimination against the disabled.
The Michigan Workers’ Disability Compensation Act specifically prohibits any person from discharging or otherwise discriminating against a worker for making a workers’ compensation claim or exercising his or her rights under the Act. Businesses that have retaliated against injured workers have been sued successfully for lost wages as well as for damages for the emotional anguish they put their employees through.
The Americans with Disabilities Act and the Michigan Persons with Disabilities Civil Rights Act also prohibits employers from discriminating against employees who have qualified disabilities. Employers under these statutes can also be required to make certain accommodations for employees suffering from a qualified disability. What constitutes a qualified disability depends on the individual facts and circumstances. What accommodations an employer can be required to make also varies according to individual circumstances.
In addition to the statutes above, the Family and Medical Leave Act also provides certain job security to some employees who must take a temporary leave of absence for their own serious health condition or that of a family member.
Federal and state laws have also offered some protection to workers who have tested positive for COVID, have the principle symptoms of COVID, or who have come into recent close contact with a person with COVID. Many workers are protected from retaliation when they do not report for duty at the workplace. These rules continue to evolve, and your rights depend upon your own individual situation.
If you believe you have been discharged, harassed, discriminated or retaliated against because of a disability or because you have exercised your rights to workers’ compensation, contact us at MacDonald & MacDonald, PLLC for a free consultation to discuss how we can help you assert your rights and obtain your lawful remedies. (If you believe you have experienced discrimination or been discharged for other illegal reasons, we will refer you other top-rated attorneys who handle these other types of cases.)