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Disability Discrimination

Massachusetts and Federal law prohibits discrimination against employees and applicants based on their handicap or disability. {M.G.L. Chapter 151B and the Americans With Disabilities Act (ADA)}.

Like many of the clients that we have successfully helped to secure relief and financial compensation, you may be a victim of unlawful handicap discrimination or disability discrimination, if an employer has taken an adverse employment action against you because of your handicap or disability.

Examples:

  • refusing to hire you
  • denying medical leave
  • refusing to promote you
  • imposing discipline on you
  • giving you unjustified evaluation scores
  • retaliating against you because you took medical leave
  • refusing to provide reasonable accommodations to you
  • paying you lower wages or giving you unequal benefits
  • subjecting you to workplace harassment or a hostile environment
  • terminating, discharging, or laying you off (wrongful termination)
  • discriminating against you in any other term or condition of employment

A handicap or a disability is a physical or mental condition that substantially limits one or more major life functions, including seeing, hearing, thinking, mobility, and working. Massachusetts law uses the word "handicap" and the Federal Americans with Disabilities Act uses the word "disability"- the laws are very similar.

The law also protects people who are discriminated against based upon their record of disability. For example, a person who has a history of hospitalization for a psychiatric disability but who is not presently mentally ill, is protected if they are refused employment based on their history of hospitalizations.

In addition, the law protects people who are discriminated against based upon other people's belief that they are disabled, even if they are not disabled. A person who is fired from his job because the employer believes they have AIDS is protected under the law even if the employee does not have AIDS.

Unless it is an undue hardship, an employer must make reasonable accommodations to allow a qualified disabled person to work. These may include changes in the physical work area; making changes in job requirements, such as assigning certain non-essential job functions to another employee; allowing an employee to perform a job in a different way (for example, sitting down instead of standing up, working from home); or making changes in work schedules to allow employees to take periodic rests or keep medical appointments. Failure to provide a reasonable accommodation may violate the law.

Our firm can protect your rights and help you fight back against the unjust actions of your employer. Contact us today to schedule your free initial consultation.

Lowrie & Andrew Attorneys at Law is located in the quaint historic district of New Bedford, Massachusetts. Our firm provides employment law representation to clients throughout Southeastern Massachusetts and the South Coast including those from New Bedford, Fall River, Taunton, Cape Cod, Fairhaven, Acushnet, Dartmouth, Westport, Mattapoisett, Marion, Rochester, Lakeville, Freetown, Wareham, Rehoboth, Raynham, Somerset, Swansea, Seekonk, Norton, Dighton, Mansfield, Attleboro, North Attleboro, Assonet, Bridgewater, Easton, Middleboro, Middleborough, Plymouth, Brockton and throughout Norfolk County, Bristol County and Plymouth County.

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

This website may be considered "advertising" under Massachusetts Supreme Judicial Court Rule 3:07. The contents of this webpage are for informational purposes only and should not be considered to be legal advice. This web page does not establish an attorney client relationship.