Employment Disability Discrimination

ADA Lawyer Serving Clients In Massachusetts

As a person with physical disabilities, life is challenging enough without worrying about being discriminated against at work. However, if you have been denied employment because of a disability, you may be entitled to compensation for lost wages, medical expenses, emotional distress, and punitive damages.

The state of Massachusetts and federal laws prohibit employment disability discrimination. Therefore, an employer cannot discriminate against a qualified individual with a disability based on that disability. As a qualified individual with a disability, you should be able to safely perform the essential job tasks and functions with or without reasonable accommodation.

“Reasonable accommodation” might include:

• Altering the floor plan or workstations.
• Modifying equipment.
• Adding wheelchair access ramps.
• Providing assistive technology.
• Other accommodations to enhance performance or allow you to do the job more efficiently.

Schedule Free Consultation with Employment Disability Discrimination Attorney
Meeting locations in in Boston, Springfield, Pittsfield, Wilbraham & Worcester

Disability Discrimination Attorney Serving Massachusetts

Contact our legal offices as soon as possible if you believe you were fired or subject to other adverse employment action due to your disability. We can help you determine whether you have a valid claim and if so, we will take action to protect your rights. In addition, our legal professionals have extensive experience handling cases involving disability discrimination and collecting compensatory damages for clients.

Some examples of disability discrimination include:

Being denied job assignments, promotions, or an unfair hiring process due to a perceived disability

• Being terminated or demoted due to job restructuring because of a perceived disability (e.g., someone who was previously disabled but no longer needed assistance.)
• Being subjected to harassment because of a perceived disability, including name-calling such as “retard” or “handicapped.”
• Being denied access to training opportunities because of a perceived disability.

If you have faced undue hardship in the workplace as a disabled employee, contact us today for a free initial consultation. Our experienced and compassionate legal counsel can help you understand your options and guide you through the complicated legal system.

ADA And Similar Laws Cover What Kinds Of Disabilities?

Discrimination based on a disability covers a wide variety of people and conditions. For example, persons with traditional physical disabilities, such as people in wheelchairs, are covered under the ADA, but the law also includes persons with chronic illnesses. Disability means having an impairment that substantially limits one or more major life activities, whether the disability is a mental or physical condition.

One’s ability to manage a disability doesn’t change whether they’re disabled or not. So for example, many people with diabetes who use insulin and follow a healthy lifestyle can control their blood sugar levels without taking any medications, but they still qualify for disability benefits.

The Americans With Disabilities Act safeguards individuals with all types of disabilities, including those with mental impairments. The law prevents employers from discriminating against individuals with disabilities regarding hiring, firing, compensation, job assignment, promotion, training, and other aspects of employment. Employers cannot discriminate against workers with mental illness either; however, it may be challenging to prove that a person with a mental disorder faced discrimination.

Schedule Free Consultation with Workplace Disability Discrimination Lawyer
Meeting locations in in Boston, Springfield, Pittsfield, Wilbraham & Worcester

Who Is Not Covered?

A job function is what a company requires its employees to do daily. For example, a cashier would have specific functions, such as counting money, ringing up purchases, taking payments, etc. If an individual with a disability can’t carry out or perform these functions, they do not qualify for the position.

For instance, a person with a hearing loss might not be able to work in a factory where loud noises are common. A person with a visual impairment might not be qualified for a job that involves reading documents or working near windows. Some jobs require specific skills or abilities, which the applicant must demonstrate before being hired.

 Can Someone Be Fired Because They Have A Mental Illness?

Yes, but there are exceptions. For example, an employer must reasonably accommodate a worker’s disability unless doing so creates an undue hardship. Likewise, employers must make reasonable accommodations for the individual’s disability, even if it causes inconvenience or expense.

Accommodation can include:

• Changing work procedures.
• Modifying equipment.
• Reassigning duties.
• Providing unique tools.
• Permitting time off to attend medical appointments.

However, some jobs require specific skills or abilities which the company cannot modify. In this case, the employer must find another qualified applicant with the necessary skills.

How Do The ADA And The Rehabilitation Act Differ?

 The two laws are somewhat similar, but they apply to different employers. Section 501 of the Rehabilitation Act provides the same general rights for federal employees and job applicants as Title I of ADA provides for non-federa­l employees and applicants. Both are in alignment with their anti-discrimination provisions. A federal employee has less time to file a claim for disability discrimination under the Rehabilitation Act than a non-federal employee has under the Americans With Disabilities Act.

Schedule Free Consultation with Workplace Disability Discrimination Attorney
Meeting locations in in Boston, Springfield, Pittsfield, Wilbraham & Worcester

Are People With Short-Term Disability Benefits Protected Under The ADA?

Yes. You might receive short-term disability (STD) benefits if injured at work. These benefits cover when you cannot work due to injury and when you return to whole duty. STD benefits are usually paid directly to you by your employer. Therefore, they don’t count toward your retirement plan contributions.

 What Are Reasonable Accommodations?

Employers, by law, must provide reasonable accommodations to employees with disabilities.

An accommodation helps someone with a disability perform their job duties. Examples include:

• Making changes to equipment so a person with vision problems can read documents
• Providing a sign language interpreter during meetings
• Allowing a person with anxiety to take more frequent breaks if needed.
• Changing the layout of a workplace so a person with mobility issues can get around easily
• Modifying a computer program to allow a person with dyslexia to type faster
• Removing obstacles like steps or curbs in parking lots
• Adding ramps or elevators where necessary
• Offering flexible scheduling options
• Providing an alternative method of communication such as a telephone headset or note taker.

A reasonable accommodation is not always possible. For example, an employer may need to modify its policies or processes to accommodate a disabled employee. If an employer has no reasonable accommodation available, it must choose between accommodating the employee or losing them.

Contact Our Law Offices For Legal Advice About Your Case

Please contact our law offices today if you have questions about whether your employer violates the Americans With Disabilities Act. In addition, a free initial consultation is available to clients throughout Massachusetts. We’re pleased to answer any questions you may have regarding your situation.