MDCR Issues Charge of Discrimination Against Michigan Department of Corrections

For Immediate Release

Lansing, MI - This week, the Michigan Department of Civil Rights (MDCR) filed a charge of discrimination against the Michigan Department of Corrections (MDOC) following an investigation into an allegation of discrimination based on religion and retaliation made by an inmate ("Claimant") within a correctional facility.

An MDCR investigation determined that two days after signing a settlement agreement related to a separate MDCR complaint, MDOC retaliated against Claimant by ordering Claimant to submit to a urine drug test, knowing that Claimant was participating in a religious fast. When Claimant could not produce a urine sample within an hour due to dehydration caused by his religious fasting, MDOC placed the Claimant in segregation even though Claimant's urine sample returned negative for illicit substances the very same day. Claimant remained in segregation for approximately ten days.

"Incarceration does not eliminate a person's right to practice their faith, nor does it allow for retaliation for filing a civil rights complaint," said MDCR Executive Director John E. Johnson, Jr. "Our state's civil rights protections must serve as a tool to preserve fair treatment for everyone."

Within the discrimination charge, MDCR is recommending that the Commission order MDOC staff to attend non-discrimination and non-retaliation training. MDCR is also requesting that the Commission order MDOC to pay monetary compensation to Claimant for loss of property, emotional distress, and financial hardship.

As is the case with all discrimination charges, the charge against MDOC will be presented at a hearing before an Administrative Law Judge (ALJ), who will hear evidence from both the firm and MDCR. If the ALJ determines that discrimination occurred and that remedies are necessary, the matter is brought to the Michigan Civil Rights Commission for a final ruling.

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The Michigan Department of Civil Rights is charged with investigating and resolving discrimination complaints and works to prevent discrimination through educational programs that promote voluntary compliance with civil rights laws. For more information on the Michigan Department of Civil Rights, visit www.michigan.gov/mdcr.