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Michigan Disabilities Act

Michigan's Disabilities Act is officially called the Michigan's Persons with Disabilities Civil Rights Act (PWDCRA). It provides protection for individuals with disabilities that are physical or mental in nature. The PWDCRA is used in conjunction with the American with Disabilities ACT (ADA) in Michigan to provide rules and guidelines regarding the rights of people with a diagnosed disability.

  1. Eligibility and Coverage

    • Under the PWDCRA, individuals have a disability if they are unable to perform one or more "major life activities" due to "disease, injury, congenital condition of birth, or functional disorder." Approximately 1.9 million of the 10 million Michigan residents have a disability that qualifies them for coverage and services.

    PWDCRA and Employment

    • The PWDCRA protects employees from discrimination and abuses due to a disability. It outlines actions employers can and cannot take in regard to employees with disabilities. The PWDCRA's definition of a disability applies if the disability does not interfere with a person's ability to "perform the duties of a particular job or position, or is unrelated to the individual's qualifications for employment or promotion."

      The PWDCRA provides protection to all employees, regardless of how many people are employed at a business. The federal ADA applies to employers that employ 15 or more people. Unlike the ADA, Michigan's law uses cost levels to establish reasonable accommodations each employer must provide.

      In Michigan, employers cannot require genetic testing as part of the employee screening or hiring process. In addition, they cannot refuse to hire or discriminate based on genetic information. The ADA does allow for such testing.

    PWDCRA and Education

    • The PWDCRA protects students with a disability seeking a higher education. Under the PWDCRA, Educational institutions in Michigan are prevented from discrimination based on a student's or prospective student's need for aids and adaptive devices. Educational institutions cannot use "written or oral inquiries" in the form of an admission application in an attempt to reveal a disability. They cannot use a quota system or denial policy that limits the enrollment of persons with disabilities. Additionally, educational institutions are prevented from "promoting or fostering physical or mental stereotypes" that arise from a curriculum, training or other educational materials.

    PWDCRA and Housing

    • Michigan's PWDCRA protects people with disabilities seeking to purchase or rent a place of residence. This section of the PWDCRA contains many provisions. One provision states persons engaged in real estate transactions (owner, real estate agent or broker, salesperson) cannot discriminate or refuse to sell or rent a property based on a person's disability. A person engaged in any aspect of the real estate transaction is prohibited from refusing to allow a disabled person from inspecting a unit for sale or rent or tell such a person a property is not available when it is. In addition, they cannot publish or post any type of material that would in some way discriminate based on a person's disability.

    PWDCRA and Public Accommodations and Services

    • The protections afforded individuals under the PWDCRA in employment, education and housing apply to public accommodations and services as well. An exception applies if an action that might otherwise be discriminatory is permitted by law.

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