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. She was then suspended indefinitely. Though she was told she could sign up for per diem shifts, she was never given another shift by the company. Discrimination Law SolutionAngela was effectively terminated, even though it was not called a termination. She contacted us after she had filed her own complaint with the Massachusetts Commission Against Discrimination ("MCAD"), after the company had filed a response to her complaint denying any liability.
We worked with Angela to gather the facts and drafted and filed a civil complaint in court after removing the case from MCAD. Shortly after filing the civil complaint, we were able to reach a favorable settlement for Angela. PostscriptAngela's case is an example of how important it can be to have an experienced employment lawyer help you with your claims. She was able to file in MCAD by herself, which preserved her rights under the statute of limitations. However, the company did not take her complaint seriously until she was represented.
If you are in a similar situation, you certainly can file in MCAD yourself, especially if you are close to the 300 day statute of limitations, but it is a good idea to consult with an attorney as early as possible in the process. |
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