Muskegon Civil Rights Attorneys - Fielstra Shibley, P.C.

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Disability, Height and Weight Discrimination

Michigan and federal law prohibit an employer from discriminating against an individual who has a disability that is unrelated to his or her ability to do a particular job. The law does not protect a person with a disability that affects his or her ability to perform the duties of a job. An employer is required to accommodate disabled employees even if the handicap is related to the employee's ability to perform the job unless accommodation would constitute undue hardship on the employer.

The Americans with Disabilities Act (ADA) contains several important provisions which include restriction on medical examinations. In particular, an employer may not conduct a medical exam of a job applicant except after an offer of employment has been made and before the employment duties have begun. Height and weight discrimination are prohibited by Michigan statute. Unless an employer can show that a particular height or weight is a legitimate occupational qualification, an employer's requirements in that regard are unlawful.