Michigan AIDS and Disease laws & HR compliance analysis

Michigan AIDS and Disease: What you need to know

Michigan's Persons with Disabilities Civil Rights Act prohibits discrimination in employment based on the knowledge or perception that a person has a disability. The Act applies to all employers, including employment agencies and labor unions.
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Disability. “Disability” is defined as any physical or mental impairment resulting from diseases, injury, or a congenital or functional disorder, which substantially limits a major life activity and is unrelated to the individual's ability to perform the duties of a particular job or position or to the individual's qualifications for employment (MI Comp. Laws Sec. 37.1103). The definition also includes a history of such an impairment, or being regarded as having such an impairment. Abuse of drugs and alcohol are excluded from the definition of disability.
Employers are also prohibited from retaliating or discriminating against a person who has opposed a violation of the Act, made a charge, filed a complaint, testified, assisted, or participated in an investigation or hearing under the Act. In addition, public works contractors are required to include clauses in their subcontracts prohibiting subcontractors from engaging in discrimination.
The Act requires that employers provide reasonable accommodations to persons with disabilities, unless to do so creates an undue hardship to the employer. The law includes a detailed schedule setting forth the maximum dollar amount that an employer may be required to spend on an accommodation, depending on the employer's size.
In the case of Bragdon v. Abbott, 118 S.Ct. 2196 (1998), the U.S. Supreme Court held that asymptomatic human immunodeficiency virus (HIV) infection is a ...

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