As used in this chapter, unless the context indicates otherwise,
the following words have the following meanings:
The Nottawaseppi Huron Band of the Potawatomi.
For purposes of § 5.2-6D, "direct threat" means a significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation.
A physical or mental impairment of an individual which substantially
limits one or more of such person's major life activities, the
state of having a record of such impairment, or the state of being
regarded as having such impairment.
PHYSICAL OR MENTAL IMPAIRMENTAny physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, genitourinary; hemic and lymphatic; skin; and endocrine; any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities; and includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech, and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, and drug addiction and alcoholism.
MAJOR LIFE ACTIVITIESFunctions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
HAVING A RECORD OF SUCH IMPAIRMENTHaving a history of, or having been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.
A physical or mental impairment that does not substantially
limit major life activities but is treated by an employer as constituting
such a limitation;
A physical or mental impairment that substantially limits major
life activities only as a result of the attitudes of others toward
such impairment; or
Having none of the impairments defined in Subsection A of this definition but being treated by an employer as having such an impairment and as being substantially limited by such impairment in one or more major life activities.
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§ 5.2-4, Definition of "disability" commentary
This tracks federal disability discrimination law, which protects
individuals who are regarded as disabled even if they are not truly
disabled. Examples include individuals who suffer from morbid obesity
or from facial or skin deformations, which do not limit their major
life activities, but which may be perceived by employers to so limit
their activities.
"Reasonable accommodation," "direct threat" and "undue hardship"
are terms used in federal disability discrimination law. The definitions
here track the federal law definitions. EEOC guidelines provide useful
additional descriptions of these terms.
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To segregate, separate, or treat differently to an employee's detriment, and, for purposes of § 5.2-6 as it relates to an individual with a disability, "discriminate" means:
Limiting, segregating or classifying a job applicant or employee
in a way that adversely affects the opportunities or status of the
applicant or employee because of the disability of the applicant or
employee;
Excluding or otherwise denying equal jobs or benefits to a qualified
individual because of the known disability of an individual with whom
the qualified individual is known to have a relationship or association;
Not making reasonable accommodations to the known physical or
mental limitations of an otherwise qualified individual with a disability
who is an applicant or employee unless the employer can demonstrate
that the accommodation would impose an undue hardship on the operation
of the business of the employer;
Denying employment opportunities to a job applicant or employee
who is an otherwise qualified individual with a disability, if the
denial is based on the need of the employer to make reasonable accommodation
to the physical or mental impairments of the employee or applicant;
Using qualification standards, employment tests or other selection
criteria that screen out or tend to screen out an individual with
a disability or a class of individuals with disabilities unless the
standard, test or other selection criteria, as used by the employer,
is shown to be job-related for the position in question and is consistent
with business necessity; and
Failing to select and administer tests concerning employment
in the most effective manner to ensure that, when the test is administered
to a job applicant or employee who has a disability that impairs sensory,
manual or speaking skills, the test results accurately reflect the
skills, aptitude or any other factor of the applicant or employee
that the test is designed to measure, rather than reflecting the impaired
sensory, manual or speaking skills of the employee or applicant (except
when such skills are the factors that the test is designed to measure).
DISCRIMINATEDoes not mean treating Indians differently than non-Indians or Band members differently than other Native Americans in order to promote employment preferences for members of the Band or other Native Americans.
An individual employed by an employer. "Employee" does not
include any individual employed by that individual's parents,
spouse or child.
For the purposes of Article VI, addressing family and medical leave protection, "employee benefits" means all benefits, other than salary and wages, provided or made available to employees by an employer and includes group life insurance, disability insurance and pensions, regardless of whether benefits are provided by a policy or practice of an employer.
Any type of organization, including tribal or foreign corporations
and partnerships; the Band; any political subdivision, agency, or
department of the Band; and any enterprise of the Band doing business
on lands within the jurisdiction of the Band and employing any number
of employees; and any supervisor or agent acting on behalf of any
of the foregoing organizations.
One or more persons under the age of 18 residing with a parent
or other person having custody of the individual(s) or residing with
the designee of the parent or other person having or securing custody,
with the written permission of the parent or other person. For purposes
of this definition, "parent" includes a person who is pregnant.
For the purposes of Article VI, addressing family medical leave protection, "family medical leave" means leave requested by an employee for:
Serious health condition of the employee;
The birth of the employee's child;
The placement of a child 16 years of age or less with the employee
in connection with the adoption of the child by the employee;
A child, parent or spouse with a serious health condition;
The donation of an organ of the employee for a human organ transplant;
A spouse, son, daughter, parent or next of kin of a person who
is a current member of the armed forces who is undergoing medical
treatment, recuperation, or therapy, is otherwise in outpatient status,
or is otherwise on the temporary disability list, for a serious injury
or illness which was incurred in the line of duty on active duty;
or
A qualifying exigency arising out of the fact that the employee's
spouse, son, daughter, or parent is on active duty, or has been notified
of an impending call or order to active duty, in support of a contingency
operation.
For the purposes of Article VI, addressing family medical leave protection, "health care provider" means a doctor of medicine or osteopathy who is licensed to practice medicine or surgery in the State of Michigan.
An enrolled member of a federally recognized Indian band.
An enrolled member of a federally recognized Indian band.
All of the following:
An officer, agency, department, instrumentality, division, commission,
council, authority or other body of the Band;
A law enforcement agency or any member or employee of a law
enforcement agency; and
The Nottawaseppi Huron Band of the Potawatomi Tribal Court and
any member or employee of the Band's judiciary.
An individual with a disability who, with or without reasonable
accommodation, can perform the essential functions of the employment
position that the individual holds or desires. For the purposes of
this chapter, consideration shall be given to the employer's
judgment as to what functions of a job are essential, and if an employer
has prepared a written description before advertising or interviewing
applicants for the job, this description shall be considered evidence
of the essential functions of the job.
May include making existing facilities used by employees
readily accessible to and usable by individuals with disabilities.
For the purposes of Article VI, addressing family medical leave protection, "serious health condition" means an illness, injury, impairment or physical or mental condition that involves:
It is intended that the term "serious health condition," as
used in this chapter, have the same meaning as is ascribed to that
term in the U.S. Department of Labor Regulations published at 60 Fed.
Reg. 67934 (November 17, 2008) (codified at 25 CFR Part 825 et seq.).
Having, or being perceived to have, an orientation for heterosexuality,
homosexuality, or bisexuality.
The average weekly wage for employees in the State of Michigan
for each calendar year, which is determined in accordance with the
Michigan Employment Security Act (Act 1 of 1936) and as described
in the State Average Weekly Wage Chart published by the Michigan Workers
Compensation Agency, or any successor agency.
The Nottawaseppi Huron Band of the Potawatomi Tribal Court.
In general. The term "undue hardship" means an action requiring significant difficulty or expense, when considered in light of the factors set forth in Subsection B of this definition.
Factors to be considered. In determining whether an accommodation
would impose an undue hardship on an employer, factors to be considered
include:
The nature and cost of the accommodation needed under this chapter;
The overall financial resources of the facility or facilities
involved in the provision of the reasonable accommodation; the number
of persons employed at such facility; the effect on expenses and resources,
or the impact otherwise of such accommodation upon the operation of
the facility;
The overall financial resources of the employer; the overall
size of the business of the employer with respect to the number of
its employees; the number, type, and location of its facilities; and
The type of operation or operations of the employer, including
the composition, structure, and functions of its workforce; the geographic
separateness, administrative, or fiscal relationship of the facility
or facilities in question to the employer.
For purposes of determining if an action constitutes an "undue
hardship," an employer shall not be required to provide a handicapped
employee with equipment or devices to enable him/her to perform a
job if the cost to the employer for each handicapped employee would
exceed:
For purposes of determining if an action constitutes an "undue
hardship," an employer shall not be required to provide a handicapped
employee with any other accommodation to enable him/her to perform
the job if the cost to the employer for each handicapped employee
would exceed:
