Michigan Disability Discrimination Attorney: Fighting Ableism in the Workplace

Michigan Disability Discrimination Attorney: Fighting Ableism in the Workplace

You’ve worked hard. You show up, deliver results, and ask for nothing more than fairness. But after disclosing a disability—or even just requesting accommodations—you feel it: the shift in tone, the exclusion, the slow unraveling of support. Maybe you’re being micromanaged out of your role. Maybe you're being told you're "not a good fit anymore." Or worse—maybe you've already been fired.

This is what ableism looks like in the workplace. It’s not always a slur or a blatant insult. Sometimes, it’s the subtle cold shoulder. The missed promotions. The unnecessary medical demands. The job “restructuring” that conveniently leaves you behind. And all of it adds up to one message: you don’t belong here.

Disability discrimination isn’t just unfair. It’s illegal. Under both federal and Michigan law, employers are required to provide reasonable accommodations and treat disabled workers with dignity and equity. But too many companies still see disability as a liability—and too many workers are left to suffer in silence.

At Marko Law, we fight hard—and we don’t back down. We represent disabled employees across Michigan who’ve been fired, demoted, harassed, or denied the accommodations they are legally entitled to. Whether your disability is visible or invisible, new or long-standing, mental or physical—you have rights. And we’re here to defend them.

Legal Protections Against Disability Discrimination

Americans with Disabilities Act (ADA)

The ADA is a federal civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life—including the workplace. Employers with 15 or more employees are required to provide:

• Reasonable accommodations that don’t impose undue hardship
• Equal opportunities for hiring, promotions, and benefits
• A workplace free from harassment and retaliation based on disability

This includes adapting job duties, work schedules, office equipment, or providing assistive technologies. 

Elliott-Larsen Civil Rights Act (ELCRA)

Michigan’s Elliott-Larsen Civil Rights Act provides even broader protections than the ADA in many cases. This law bans discrimination based on disability, age, race, sex, religion, and more. Under ELCRA, any employer—regardless of size—can be held liable for disability discrimination in hiring, firing, compensation, terms of employment, and more.

In 2023, amendments clarified and strengthened protections for individuals with both visible and invisible disabilities, including mental health conditions. ELCRA is a powerful tool—and one that many Michigan lawyers overlook. Not us.

Rehabilitation Act of 1973

This federal law mirrors the ADA but applies specifically to federal employers, federal contractors, and programs receiving federal financial assistance. If you work for a public university, government agency, or any federally funded organization, this act guarantees your right to:

• Reasonable accommodations
• Equal access to opportunities
• Protection from retaliation

Michigan Persons with Disabilities Civil Rights Act

This Michigan-specific statute provides wide-ranging protections for people with disabilities in employment, housing, education, and public services. Employers may not:

• Fail to accommodate a qualified person with a disability
• Treat a disabled employee differently than a non-disabled peer
• Refuse to hire someone solely because of a disability

Common Violations: What Employers Can’t Do

Refusing Reasonable Accommodations

Whether you need remote work, a modified schedule, an ergonomic chair, or extra break time for medication, if the accommodation allows you to perform the essential functions of your job without imposing undue hardship, your employer must provide it.

Too often, employers ignore or deny requests without even engaging in the required interactive process. That’s a clear violation—and we don’t let them get away with it.

Retaliating After You Speak Up

The law is clear: you cannot be punished for requesting accommodations or asserting your rights. Yet many employers retaliate with:

• Sudden negative performance reviews
• Job reassignment to undesirable roles
• Isolation from team members
• Termination under false pretenses

Asking Illegal Questions During Interviews

Under the ADA and Michigan law, employers cannot ask about your disability or medical history during an interview. Questions like:

• “Do you have any medical conditions?”
• “How many sick days did you take at your last job?”
• “Will your condition affect your ability to work?”

These are illegal. If you’ve been denied a job because of how you answered—or refused to answer—those questions, you may have a strong claim.

Segregating, Isolating, or Humiliating You

Disability discrimination isn’t always about what’s said. It’s about how you’re treated.

• Moved to a different department without reason?
• Left out of meetings or decisions?
• Constantly “checked up on” in a way no one else is?

Firing You After a Diagnosis or Medical Leave

If your employer terminated you after learning of your diagnosis or return from FMLA or disability leave, that’s not a coincidence—it’s retaliation. Whether your condition is new or longstanding, your job cannot be taken from you solely because of a disability.

Forcing Medical Exams Without Justification

Employers cannot demand a medical exam unless:

1. It’s job-related, and
2. It’s consistent with business necessity.

How to File a Claim (And Why You Need a Lawyer)

File a Charge with the EEOC or MDCR

Before you can file a lawsuit under federal or Michigan law, you must first file an administrative charge. You have two main options:

• EEOC (Equal Employment Opportunity Commission) – for violations of federal law like the ADA or Rehabilitation Act
• Michigan Department of Civil Rights (MDCR) – for claims under state laws like the Elliott-Larsen Civil Rights Act or Persons with Disabilities Civil Rights Act

This step is mandatory—but it’s also time-sensitive.

Strict Filing Deadlines

Deadlines vary based on which law you're filing under:

• 180 days to file with the MDCR under state law (ELCRA or PWDCRA)
• 300 days to file with the EEOC if your claim also qualifies under state law
• 180 days for purely federal claims in states without local civil rights enforcement

Miss the deadline, and you may lose your right to sue—no matter how strong your case is.

Why You Need a Lawyer From Day One

Filing a claim isn’t just about checking boxes—it’s about building a legal case from the ground up. When you work with Marko Law:

• We help draft your charge to maximize the strength and scope of your claim
• We gather evidence before it disappears
• We deal with the agencies, so you don’t have to go it alone
• We position your case for mediation, settlement—or trial, if necessary

Too often, disabled workers are dismissed because they tried to handle things on their own—and employers use that to their advantage. We don’t let them.

We Handle Every Stage—So You’re Never Alone

From initial filings to hearings, from private mediation to federal court, Marko Law is in your corner every step of the way. We’ve taken on massive institutions and won. We’ve fought systemic discrimination and delivered justice to people who were ignored, mocked, or mistreated because of their disability.

What You Can Recover

Reinstatement If You Were Fired

In some cases, we fight to get your job back—especially if you were wrongfully terminated after disclosing a disability or requesting accommodations. Reinstatement isn’t always possible or desired, but when it is, we make sure it’s on your terms, with proper respect and protections in place.

Back Pay and Lost Benefits

You shouldn’t lose income because your employer broke the law. We pursue:

• Back pay from the time of your firing to the present
• Lost bonuses, promotions, and benefits
• Future lost earnings if you’re unable to return to the same role

Emotional Distress Damages

The toll of discrimination goes far beyond your bank account. Being sidelined, humiliated, or wrongfully terminated can wreck your confidence, mental health, and relationships.

You may be entitled to damages for:

• Anxiety, depression, PTSD
• Sleep issues and loss of enjoyment of life
• Strain on your family or marriage

Punitive Damages for Willful Violations

When an employer knowingly and deliberately violates disability laws, they can be hit with punitive damages—financial penalties designed to punish and deter future wrongdoing.

Attorney Fees and Legal Costs

Under both federal and Michigan disability laws, the losing employer often has to pay your attorney fees. That means when we win, you don’t bear the burden of the legal bill—they do.

Potential for Class Action in Systemic Cases

If you’re not the only one—if others at your workplace faced similar discrimination—we may be able to file a class action lawsuit. This approach exposes systemic abuse and creates sweeping change.

Call Marko Law—Let’s End Ableism in the Workplace

Ableism has no place in Michigan’s workplaces. If your employer tried to silence you, sideline you, or push you out because of a disability, it’s time to push back—with power, with purpose, and with a team that won’t blink.

At Marko Law, we’re not just attorneys—we’re fighters. We’ve stood up to corporations, government agencies, and bad bosses who thought they could get away with treating disabled workers like second-class citizens. They were wrong.

Whether you’re dealing with retaliation, harassment, wrongful termination, or failure to accommodate, we’re ready to take your side—and take the fight to them.

Contact Marko Law for a Free Case Evaluation

📞 Phone: +1-313-777-7777
📍 Main Office: 220 W. Congress, 4th Floor, Detroit, MI 48226
🌐 Website: www.markolaw.com