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Form 5020 for Detroit Michigan: What You Should Know
RESTAURANT WORKERS' or FOOD SERVICE WORKERS' CONDITION employee who has a significant physical or visual handicap? If you answered yes to the question above, may a business discriminate against you because such smoking or eating is a condition of employment? No. There is no discrimination based on a worker's condition in the private sector. However, there is discrimination based on a worker's condition under the public sector. Discrimination will only ever occur if the employer has a bona fide business reason to believe that the worker's condition prevents him or her from performing his or her job as described in the contract of employment. An additional employer may be involved to show that the condition is truly a “bona fide” problem. The law includes exceptions for: An employer that is required by a law, regulation, ordinance, or other rule to keep a work space free of dust and debris. An employer who refuses to hire a worker because he or she smokes or eats inside the work area. An employer that is required by a law, regulation, ordinance, or other rule to provide employee accommodations of a type that are not similar to those provided for similar purposes by the law, regulation, ordinance, or other rule. No employer at any time can use a reason that a worker's condition prevents him or her from performing his or her job as described in the contract of employment or in the contract. There must be a bona fide business reason to believe that the worker's condition prevents him or her from performing his or her job. There is no prohibition against allowing smoking and eating, or other common employment or workplace behaviors, when permitted by a state law that prohibits discrimination against a group of workers for the same reason. However, this applies to state laws that prohibit discrimination by a state agency that is a state public employer. State agencies must not discriminate against employees for smoking or eating. As of April 1, 1999, all state employees have the right to request and receive reasonable accommodation that is equivalent to reasonable accommodation offered to other covered workers under the Americans with Disabilities Act (ADA). It can also be considered a request under the ADA if it is made if not already provided. If the worker's request is granted, the employer may ask the state agency to confirm for the employer the need for the reasonable accommodation. If the state employment authority decides not to provide any accommodation, that may only be for certain employment situations in which the employer has a record of discrimination.
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