The Michigan Department of Civil Rights ("MDCR") recently released its revised version of the posting Michigan Law Prohibits Discrimination required by the Michigan Elliott-Larsen Civil Rights Act and the Persons with Disabilities Civil Rights Act ("MPWDA"). The revised posting contains language which requires an applicant or employee with a disability to request the accommodation in writing within 182 days of when the applicant or employee knew or reasonably should have known of the need for the accommodation.

The MPWDA states "A person with a disability may allege a violation against a person regarding a failure to accommodate under this article only if the person with a disability notifies the person in writing of the need for accommodation within 182 days after the date the person with a disability knew or reasonably should have known that an accommodation was needed." The employer must display the posting or give applicants and employees notice of the 182 day requirement. If an employer provides applicants or employees notice of the 182 day requirement, an applicant or employee who fails to give the employer the 182 day written notice of the need for an accommodation cannot prevail on an accommodation claim under Michigan law. Petzold v Borman's, Inc., 241 Mich App 707, 716 (2000).

Prior to 2011, the MDCR posting contained the 182 day written notice requirement. In the 2011 and subsequent postings, the MDCR eliminated the 182 day written notice requirement from the positing. Because the posting failed to provide the notice, employers were exposed to accommodation claims even if the applicant or employee failed to provide the 182 day written notice. Clark Hill, through the efforts of Ms. Serdiuk, convinced the MDCR to issue a revised posting containing the 182 day written notice language. A copy of the revised poster is available here.

The Michigan anti-discrimination law covers employers who have one or more employees or a person who as a contractor or subcontractor is furnishing material or performing work for the state or a governmental entity or agency of the state and includes an agent of such a person. Employers are required to display the most current MDCR Michigan Law Prohibits Discrimination poster as notice of Michigan's prohibition against discrimination in the workplace. We recommend that you replace your current MDCR poster with the new poster.