The Ann Arbor City Council voted unanimously to pass the Right to Sit Ordinance during its meeting on Oct. 21, which will give workers in the city the right to sit down while at work.
The new ordinance amends the city’s non-discrimination ordinance that businesses must follow, adding a new section that states employers must allow workers the ability to sit regardless of any disability or not, so long as doing so does not interfere with employment duties. It also states that, if an employer deems that sitting interferes with the duties of employment, it is the responsibility of the employer to prove so.
The ordinance is scheduled to go into effect on Nov. 10, making Ann Arbor the only Michigan city to currently have a “Right to Sit” law. There was once a “Right to Sit” law in Michigan at the state-level, but it was overturned in 1975.
Workers can report non-compliance by filing a complaint through the Ann Arbor Human Rights Commission. The Ann Arbor Human Rights Commission, in addition to the City Attorney’s Office, would then conduct an investigation.
If an employer is found to not be in compliance with the ordinance, they could potentially receive fines, and the City Attorney’s Office may take the case to a higher level, if needed.
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The ordinance was introduced by Council Member Ayesha Ghazi Edwin of Ward 3. She first thought to introduce such an ordinance over a year ago when getting her hair cut in Ann Arbor.
Edwin’s hairdresser suffers from scoliosis, and when asked by Edwin why she could not sit down while cutting hair, she explained that her boss would not let her unless she had a doctor’s note stating she has a disability. When asked why she has not gotten a note, she responded by saying that she was in-between insurance coverage, and that it would cost her thousands of dollars in out-of-pocket costs.
“So that really like struck me, and it was to the point where she was like kind of half bent over,” Edwin said. “And it was just really shocking.”
Edwin proceeded to reach out to both the City Attorney’s Office and the Occupational Safety and Health Administration (OSHA) to see if the ordinance would be possible in Michigan. After OSHA said the law could be considered relating to health and safety, she began to create the ordinance.
It was then brought forward for the first time during a city council meeting this past September.
Edwin met with labor unions during the process, and the ordinance was endorsed by the Huron Valley Area Labor Federation, whose president was present at the Oct. 21 meeting to voice support.
She also met with the State Street Business Association and Main Street Business Association to discuss the ordinance and its aspects.
“The reactions were mixed, but in the end, I feel that businesses also realize that by treating workers better, it’s good for business in the end,” Edwin said.
Zach Damon, chairman of the Ann Arbor Commission on Disability Issues, also sees the ordinance as having the ability to increase business profits and employee morale.
“I think making every space accessible just creates bigger financial exchange across the board, and we’ve seen that in studies,” Damon said. “It’s just not only the right thing to do. It’s the smart thing to do.”
In addition to Edwin, the ordinance was also sponsored by Council Members Chris Watson, Travis Redina and Cynthia Harrison. Council Members Christopher Taylor and Jen Eyer were also added as sponsors at the table.
“I hope this law empowers … all workers to understand that they have basic human rights at work,” Edwin said.
Victoria Smith is a multimedia journalist studying media studies and journalism at Eastern Michigan University. She reports on local events and local government.
