2.2 Civil Rights, Fair Housing, ADA & Michigan Barrier-Free Design

Why This Is on a Roofing Exam

Thirteen Business and Law questions cover regulatory and statutory requirements. PSI's outline lists civil rights under the Elliott-Larsen Civil Rights Act, plus fair housing and the ADA as they apply to barrier-free design, sales, office facilities, hiring, and employee practices. A roofing company hires crews, advertises, runs an office, and may build or sell homes, so all of these apply.

The Elliott-Larsen Civil Rights Act (1976 PA 453)

MCL 37.2102 declares a civil right to employment, housing and real estate, public accommodations, public services, and education without discrimination because of:

• religion, race, color, national origin
• age, sex, sexual orientation, gender identity or expression
• height, weight
• familial status, marital status

2023 PA 6 (effective February 13, 2024) expressly added sexual orientation and gender identity or expression. Height and weight have been protected in Michigan for decades, which makes them a common exam distractor.

Employment

Under MCL 37.2201, an "employer" is any person with 1 or more employees. A two-person roofing company is covered. Under MCL 37.2202, an employer may not:

• fail or refuse to hire, recruit, or promote someone, discharge them, or discriminate in compensation, terms, conditions, or privileges of employment because of a protected characteristic;
• limit, segregate, or classify employees or applicants in ways that deprive them of opportunities;
• treat a person affected by pregnancy, childbirth, termination of a pregnancy, or a related condition differently from others who are similar in their ability to work. Under 37.2201(d), "sex" includes pregnancy.

In practice, the employer should post the job's real physical requirements, such as lifting bundles and working at heights, and apply them equally. It should not ask about protected traits, should train crew leaders on harassment, and should document discipline consistently.

Real Estate Transactions

MCL 37.2502 bars anyone in a real estate transaction from refusing to sell, rent, or negotiate, discriminating in terms or services, misrepresenting availability, or publishing an advertisement, sign, or statement that indicates a preference, limitation, or discrimination based on religion, race, color, national origin, age, sex, sexual orientation, gender identity or expression, familial status, or marital status. A builder marketing spec homes or model homes is in a real estate transaction.

The Persons with Disabilities Civil Rights Act (1976 PA 220)

MCL 37.1102 guarantees equal opportunity in employment, housing, public accommodations, public services, and education regardless of disability. A person must accommodate a person with a disability unless the accommodation would impose an undue hardship. Like Elliott-Larsen, the act defines an employer as a person with 1 or more employees (MCL 37.1201). It also covers contractors and subcontractors doing government work. For real estate, MCL 37.1502 prohibits discriminating against a buyer or renter because of a disability that is unrelated to the ability to acquire, rent, or maintain the property.

Federal Laws

Single-family homes built for private owners are generally not covered by the ADA. The ADA does cover a builder's sales office or design center that is open to the public.

Michigan Barrier-Free Design (1966 PA 1)

Michigan's barrier-free design act, MCL 125.1351 et seq., applies to public facilities and facilities used by the public, not to private one- and two-family homes. Its requirements are carried out through the barrier-free provisions of the state construction code, as PSI's outline notes under "Michigan Barrier Free Design."

• A public facility whose construction contract was made after July 2, 1974 must meet the barrier-free requirements (MCL 125.1352(1)).
• For an existing public facility undergoing a change in use group or occupancy load, or an alteration other than ordinary maintenance, the law uses a 50% test (MCL 125.1352(2)):

Reroofing a church, office, or store is usually ordinary maintenance. Converting part of a residence into a public office or sales area can trigger barrier-free requirements, and the building official will apply them.

Putting It Together

A roofing company opens a showroom for homeowners and hires 20 people. It must:

1. Make the public showroom accessible, and meet barrier-free code requirements if the space is altered (ADA Title III and state code).
2. Avoid discrimination in hiring and pay on every Elliott-Larsen characteristic, including height and weight. This applies from the first employee.
3. Provide reasonable accommodations for disabled workers unless an undue hardship results. This comes from the PWDCRA and, with 15 or more employees, from ADA Title I.
4. Avoid ad language suggesting a preferred type of buyer if the company markets homes.