Michigan Employment Discrimination Attorney Richard A. Meier

PRACTICE AREAS AND LEGAL DEFINITIONS

MICHIGAN EMPLOYMENT DISCRIMINATION:

In Michigan, employment discrimination claims may be prosecuted under various federal statutes, or under the Elliott Larsen Civil Rights Act, Michigan's own anti-discrimination statute. Discrimination generally occurs when an employee is intentionally treated differently because of the employee's race, color, religion, national origin, disability, gender, sexual orientation or age.

Even if the employee's evidence is sufficient to show discrimination, an employer may be able to justify this action by proving such treatment arose out of business necessity, or that a legitimate job qualification required consideration of a factor that had an unintentional discriminatory effect. When the employer makes such a legitimate justification, the employee must show that discrimination, not the employer's justification, was the true reason for the action. Michigan is one of the very few states whose anti-discrimination statute applies to discrimination on the basis of height and/or weight.

MICHIGAN AGE DISCRIMINATION:

It is unlawful for an employer, employment agency, or Labor Union to discriminate in employment against anyone because of his or her age. This includes refusing to hire an individual or firing an employee. It also includes an individual's compensation, terms, conditions, privileges of employment and all employee benefits.

MICHIGAN DISABILITY DISCRIMINATION:

Both the ADA and the Rehabilitation Act protect individuals with disabilities. An individual with a disability is defined as someone who has a physical or mental impairment that substantially limits a major life activity, has a record of having such a physical or mental impairment, or is regarded as having such impairment.

The term is broadly defined to include any physiological, mental, or psychological-based impairment, but it does not include mere physical characteristics or cultural, environmental, or economic impairment—the impairment must cause a substantial limitation to a major life activity. Temporary conditions, such as a broken arm or the flu, would not be considered substantial limitations.

MICHIGAN HEALTH DISCRIMINATION:

Michigan employment discrimination Attorney Richard A. Meier has over 20 years of practice and a successful track record representing clients who have suffered as the result of employment discrimination. His firm works closely with doctors and other health care providers to discuss the short and long-term medical consequences of a particular incident of discrimination. Michigan discrimination lawyer Richard A. Meier has a detailed and comprehensive understanding of applicable federal and Michigan civil rights and employment discrimination laws, and he is an expert at tracking the various means of enforcement that may be available to employment discrimination victims and their families.

MICHIGAN FAMILY MEDICAL LEAVE ACT CLAIMS:

The Family and Medical Leave Act of 1993 (FMLA) was created as a way of providing employees with a means of coping with the challenging demands of family and home. It applies to companies with 50 employees or more in one location, or 50 employees within a 75-mile radius. It helps workers who for personal reasons may require time off. It allows up to 12 weeks unpaid leave and the employee at the end of that period is entitled to return to the same or similar position that they were in before they left. The Act covers the following situations: chronic or terminal illness of a spouse or close relative, birth or adoption of a child and/or employee illness.

The employee must have been with the company for more than one year and have worked more than 24 hours a week in the year preceding the requested leave. Usually, the employer will require a doctor's certificate to corroborate the circumstances.

MICHIGAN WRONGFUL TERMINATION:

To be considered "wrongfully terminated" under state and federal law, the termination must violate some fundamental public policy, such as a state or federal statute, regulation, or constitutional provision. For example, if an employer directs a worker to break a law, ordinance, regulation or statute, and the employee complains about what he or she perceives as a violation of law, such as a failure to pay overtime, failure to provide lunch breaks, failure to provide family or medical leave, late-payment of salary or wages, or workplace safety issues, and is fired in retaliation, that would constitute an actionable claim for wrongful termination.

MICHIGAN SEXUAL HARASSMENT:

Sexual harassment is any unwanted and unwelcome sexual behavior, which can include verbal harassment such as derogatory comments, tales of sexual exploits, or asking for sexual favors; and physical harassment such as leering, inappropriate touching and/or a deliberate sexual assault. In order to be considered illegal, the conduct must be unwelcome and offensive to the victim.

Sexual harassment is a form of sexual discrimination, which violates Title VII of the Civil Rights Act of 1964 in employment settings, and under Title IX of the 1972 Education Act where it relates to sexual harassment occurring in schools or other educational settings. The Fair Housing Act further provides protection against sexual harassment, and quite a few states have statutes pertaining to this offense.

MICHIGAN DEFAMATION (LIBEL & SLANDER):

A form of personal injury that does no physical harm but can be extremely harmful to a person's reputation or character is called defamation. Defamation is false and unprivileged spoken words or written publication which exposes any living person to hatred, contempt, ridicule, or which causes him/her to be shunned or avoided, or which has a tendency to injure him/her in his/her trade or occupation.

If you or someone you know in Farmington Hills, Michigan, or within the surrounding areas of Michigan needs the assistance or trusted legal advice of an experienced employment discrimination lawyer, please contact the Law Offices of Richard A. Meier today at 866-435-3796, or complete the contact form provided on this site to begin your free consultation with a skilled Michigan age discrimination attorney.