Disability Discrimination: Epilepsy

Epilepsy and Workplace Discrimination: Angela's Story

Angela, a licensed nurse at a long-term care facility in Massachusetts, excelled in her role until she made a courageous decision – to disclose her epilepsy to her supervisor, accompanied by her inability to work overnight shifts due to her medical condition.

What followed was a harrowing journey of discrimination and mistreatment. Angela faced berating and criticism each time she declined an overnight shift, a necessity dictated by her disability. At one point, the facility suspended her without pay for several weeks for her unavailability for these shifts.

Upon her return from suspension, Angela's ordeal continued. While working a regular shift, she noticed that nobody was scheduled for the overnight shift. Angela, determined to protect her rights, reminded her supervisor of her disability-related limitations. In response, she faced an indefinite suspension. Although the company informed her that she could sign up for per diem shifts, she never received another work assignment from them.

Navigating the Path to Justice
Angela's situation, though not explicitly labeled as termination, effectively led to her job loss. She initially took matters into her own hands, filing a complaint with the Massachusetts Commission Against Discrimination (MCAD) after the company denied any liability in response to her complaint.

Recognizing the need for experienced legal counsel, Angela reached out to us for help. We collaborated with her to gather essential facts and subsequently drafted and filed a civil complaint in court after removing the case from MCAD's jurisdiction. Shortly after initiating the civil lawsuit, we achieved a favorable settlement for Angela.

A Lesson in Advocacy and Timing
Angela's case highlights the significance of having an experienced employment lawyer by your side when facing workplace discrimination. While she initially filed with MCAD independently, preserving her rights within the statute of limitations, the company did not take her complaint seriously until she sought legal representation.

If you find yourself in a similar situation, you can certainly file a complaint with MCAD on your own, especially if you're nearing the 300-day statute of limitations deadline. However, seeking legal counsel early in the process can make a substantial difference in the outcome of your case.

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