Protecting Disability Rights in Northern Michigan

Understanding Disability Rights

Disability rights are human rights. They encompass the fundamental freedoms and opportunities that every individual deserves, regardless of their physical or mental capabilities. The concept of disability rights is rooted in equality, inclusion, and the recognition of each person's unique value and potential.

In the United States, disability rights are primarily protected by the Americans with Disabilities Act (ADA) of 1990. This landmark legislation prohibits discrimination against individuals with disabilities in various areas of public life, including employment, transportation, public accommodations, and telecommunications.

In the State of Michigan, several key disability rights laws protect individuals with disabilities from discrimination and ensure equal access to various aspects of life. Those laws include:

1. Persons with Disabilities Civil Rights Act (PWDCRA)

The PWDCRA is Michigan's primary state law addressing disability discrimination. Enacted in 1976, it prohibits discrimination against individuals with disabilities in employment, housing, education, public services, and accommodations. Under the PWDCRA: Two women working on a computer together. One is wearing pink, has glasses, and is sitting in a wheelchair. The other is wearing an olive green shirt and has her back to the camera.

Employers with one or more employees are prohibited from discriminating against qualified individuals with disabilities in hiring, promotions, job assignments, and terminations.
Landlords and real estate agents cannot discriminate against individuals with disabilities in rental or sale transactions. They must provide reasonable accommodations for disabled tenants to enjoy their homes.
State and local government agencies, as well as businesses serving the public, must ensure that their facilities and services are accessible to individuals with disabilities.

2. Michigan Handicappers' Civil Rights Act (MHCRA)

The MHCRA is another state law that addresses discrimination based on physical or mental handicaps. It was enacted in 1976 and provides similar protections to the PWDCRA. The MHCRA prohibits discrimination in employment, housing, education, and public accommodations based on disability.

3. Michigan Accessibility Code

The Michigan Accessibility Code sets standards for accessibility in buildings and facilities. It ensures that new construction and renovations comply with accessibility requirements for individuals with disabilities. Key components include:

Specifications for ramps, door widths, accessible parking spaces, and restroom facilities to accommodate individuals with disabilities.
Guidelines for installing accessible features like handrails, grab bars, and visual alarms to enhance safety and accessibility.

4. Michigan Special Education Laws

Michigan has specific laws governing special education services for children with disabilities in public schools. These laws ensure that students with disabilities receive appropriate educational services and accommodations, to include:

Individualized Education Program (IEP): Each student with a disability is entitled to an IEP tailored to their needs and goals, outlining special education services and accommodations.
Least Restrictive Environment (LRE): Schools must provide special education services in the least restrictive environment appropriate for each student.

The Importance of Disability Rights Protection

One of the key aspects of protecting disability rights is ensuring ADA and state law compliance. The ADA sets forth specific requirements and standards to guarantee accessibility for individuals with disabilities. For instance:

Accessible Facilities: The law mandates that public accommodations, such as businesses, government agencies, and transportation services, must be accessible to individuals with disabilities. This includes features like ramps, wider doorways, accessible restrooms, and designated parking spaces.For businesses with public-facing websites, the ADA may also require web content to be accessible.
Employment Practices: Employers are prohibited from discriminating against qualified individuals with disabilities in all aspects of employment, including hiring, promotion, compensation, and job training.
Reasonable Accommodations: Employers are required to provide reasonable accommodations to employees with disabilities to enable them to perform their job duties effectively. This could include modified work schedules, adaptive equipment, or job restructuring.

Addressing Disability Discrimination

Unfortunately, despite legal protections, disability discrimination still persists in various forms, even in our amazing community of Northern Michigan. Discrimination against individuals with disabilities can take many forms, ranging from overt acts of exclusion to more subtle systemic barriers. Common examples of disability discrimination include:

Refusing to hire or promote qualified individuals based on their disability.
Providing inferior services or accommodations to individuals with disabilities.
Failing to make reasonable accommodations for employees or patrons with disabilities.
Harassment or hostile treatment based on disability.

True North Legal Group’s civil rights team is dedicated to holding accountable those who engage in discriminatory practices and ensuring that individuals with disabilities are treated with dignity and respect.

Fighting for Reasonable Accommodations

A critical aspect of disability rights enforcement is securing reasonable accommodations for individuals with disabilities. Reasonable accommodations are modifications or adjustments to policies, practices, or environments that enable individuals with disabilities to enjoy equal opportunities.

Common reasonable accommodations include:

Providing accessible parking spaces.
Installing ramps or lifts for wheelchair access.
Allowing flexible work schedules or telecommuting arrangements.
Modifying equipment or workstations.
Providing sign language interpreters or other communication aids.

At True North Legal Group, we work diligently to ensure that individuals receive the accommodations they need to fully participate in Northern Michigan society and achieve their goals.

The Role of a Civil Rights Attorney

A civil rights attorney specializing in disability rights plays a vital role in advocating for individuals whose rights have been violated. Here are some ways in which True North Legal Group can assist clients dealing with disability discrimination:

Legal Counsel and Guidance: We provide legal advice and representation to individuals with disabilities who have faced discrimination or barriers to accessibility.We also help small businesses and nonprofits develop policies and procedures to ensure compliance with disability rights laws and regulations.
Litigation and Advocacy: We advocate for our clients through litigation when necessary, taking legal action against entities that have violated the ADA or other disability rights laws.
Negotiation and Settlement: We work to negotiate settlements that provide meaningful remedies for our clients, including compensation for damages and changes in policies or practices to ensure future compliance.
Educational Outreach: We engage in community outreach and education to raise awareness about disability rights and promote inclusive practices among businesses, organizations, and government agencies.

Moving Towards Comprehensive Inclusion

Ultimately, the fight for disability rights is about creating a more inclusive and equitable Northern Michigan for everyone. It's about recognizing the inherent worth and potential of every individual, regardless of their abilities or limitations.

If you or someone you know has experienced disability discrimination or barriers to accessibility, please don't hesitate to reach out to our team. Together, we can work towards a future where disability rights are fully respected and upheld.