Disability Discrimination Case Studies
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Navigating the disability discrimination laws in the workplace can be complex. The extent of an employer's obligation to accommodate is very fact-specific. There is also frequently overlap between the disability discrimination laws and the laws governing family and medical leave.
Below are a few of the many examples of people we have helped with disability issues in the workplace. The names and images are fictitious, but the stories are real. Every person's story is a little different, but there are lessons to be learned from people who have gone through similar situations. Disability Discrimination: Seizure Disorder
Susan was working part time at a coffee shop while going to school. She left work early one day because she was not feeling well. At her shift the next day, she suffered a seizure while working in the coffee shop.
After receiving medical care, and clearance from her doctors to return to work, she called the store manager to inquire about the schedule for the week, and learned she had not been scheduled for any shifts. She provided her manager with clearance from her physician, and was told "you're not well- I saw it on the video," referring to in store video footage of Susan having a seizure. Read more here. Disability Discrimination: Health Care Worker
Carla worked as a phlebotomist in a Massachusetts hospital. She has struggled with bone tumors since childhood. Due to the many surgeries required over the years to remove tumors, she has chronic pain as a result of surgery-related nerve damage and weakness in her legs and hips.
Despite her condition, Carla performed her job at the hospital well, receiving positive reviews and commendations throughout her career. Two years into her employment, she fell and injured her hip. Treatment for that injury revealed new bone tumors, and surgery was scheduled to remove them. While awaiting her surgery, she began to experience increasing hostility from others in the workplace, who criticized her for being "too slow" and for limping. These comments also came from her supervisor, who repeatedly suggested she go on disability. Read more here. |
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Disability Discrimination: PTSD
Ellen worked as a Pilates instructor for a gym. In addition to her teaching responsibilities, she also served as manager for the site. Ellen regularly received positive feedback from the owner and from clients, and was considered one of the best instructors at the location.
Ellen had a history of treatment for PTSD, which was known to her employer. Her condition did not have any effect on her ability to do her job, and she considered it well under control.
Two years into her employment, the owner painted the walls of the gym a very bright color. Ellen received many complaints from clients about the color, specifically from some who felt it was migraine-inducing. As manager, she brought this to the owner's attention and suggested that a different color might be better.
The owner immediately turned it on Ellen, stating that the wall would be repainted in order to accommodate her alleged disability and avoid "triggering" her. Read more here.
Ellen had a history of treatment for PTSD, which was known to her employer. Her condition did not have any effect on her ability to do her job, and she considered it well under control.
Two years into her employment, the owner painted the walls of the gym a very bright color. Ellen received many complaints from clients about the color, specifically from some who felt it was migraine-inducing. As manager, she brought this to the owner's attention and suggested that a different color might be better.
The owner immediately turned it on Ellen, stating that the wall would be repainted in order to accommodate her alleged disability and avoid "triggering" her. Read more here.
Disability Discrimination: Epilepsy
Angela worked as a licensed nurse in a long term care facility in Massachusetts. She was successful in this role until she disclosed to a supervisor that she suffered from epilepsy and could not work overnight shifts.
From that point forward, every time she declined an overnight shift due to her disability she was berated and criticized. At one point, she was suspended without pay for several weeks as a result of not being able to take an overnight shift.
Upon her return from suspension, the issue of overnight shifts came up again, Angela was working a regular shift and noticed that nobody was scheduled for the overnight. She brought this to a supervisor's attention, reminding her that she could not work overnight shifts. Read more here.
From that point forward, every time she declined an overnight shift due to her disability she was berated and criticized. At one point, she was suspended without pay for several weeks as a result of not being able to take an overnight shift.
Upon her return from suspension, the issue of overnight shifts came up again, Angela was working a regular shift and noticed that nobody was scheduled for the overnight. She brought this to a supervisor's attention, reminding her that she could not work overnight shifts. Read more here.
Disability Discrimination: Injury
Joe worked as a warehouse manager at a facility in Massachusetts. While operating a forklift one day, he caught one of his fingers in the locking channel. When he got it out, he realized he could not straighten the finger.
When he reported this to his supervisor, he was actively discouraged from filing a workers compensation claim, and told the company would instead cover any out of pocket costs he incurred for treatment.
Joe then sought urgent care for his finger. Ultimately, he was told he had to keep it splinted for 6-8 weeks. Though this did not affect his ability to do his job, it did interfere with certain activities of daily living. Read more here.
When he reported this to his supervisor, he was actively discouraged from filing a workers compensation claim, and told the company would instead cover any out of pocket costs he incurred for treatment.
Joe then sought urgent care for his finger. Ultimately, he was told he had to keep it splinted for 6-8 weeks. Though this did not affect his ability to do his job, it did interfere with certain activities of daily living. Read more here.
How We Can Help
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We can help you assess whether you have a discrimination claim and secure any compensation you are owed. You can use the button below to schedule a call back from a member of our team, or give us a call at 781-784-2322.
