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Disability Discrimination: Epilepsy

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 Solution

Angela 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.

Postscript

Angela'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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Disability Discrimination under Massachusetts Law
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  • Home
  • Employment Law
    • Guide To Employment Law Content
    • Advice for Employers
    • Employment Contracts in Massachusetts
    • Discrimination in the Workplace
    • Employment Termination >
      • Massachusetts Paid Family Leave
      • Severance Pay
      • Unemployment in Massachusetts
      • Should I Accept a Severance?
    • Sexual Harassment at Work >
      • Sexual Harassment in a Small Business
      • Sexual Harassment and Non Disclosure Agreements
      • Sexual Harassment and Remote Work
    • Wage and Hour Laws >
      • Overtime Law >
        • Overtime Exemptions
        • Employee Travel Time
        • Federal or State Overtime Law
      • Massachusetts Wage Act >
        • Payment of Commissions
        • Wage Deductions
        • Late Payment of Wages
        • Paid Time Off
    • Independent Contractor Law >
      • Independent Contractor Test
      • Working As Independent Contractor
      • Hiring Independent Contractors in Massachusetts
      • Is My Independent Contractor Status Legal?
    • Non Compete Agreements >
      • Are non competes enforceable
      • Massachusetts Non Compete Act
      • Pre 2018 Massachusetts Non Competes
      • Can I Avoid My Non Compete?
    • Do I Have a Case?
  • Estate Planning
    • Guide To Estate Planning Content
    • Legacy Protection
    • Why You Need an Estate Plan
    • Why You Don't Have an Estate Plan
    • Estate Planning Documents >
      • Children with Special Needs
    • Planning for Assisted Living
    • Probate Process
  • Business Law
    • Guide To Business Law Content
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • About
    • Reviews
    • Slnlaw Offices
    • slnlaw core values
    • Publications and Interviews
    • New Client Intake and Consultation
    • Contact
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Sharleen Tinnin
    • Elijah Bresley
  • Legal FAQs
    • Estate Planning FAQs
    • Probate FAQs
    • Small Business FAQs
    • Wage Act FAQs
    • Commission Pay FAQs
    • Overtime FAQs
    • Independent Contractor FAQs
    • Non Compete FAQs
    • Employment Discrimination FAQs
    • Employment Termination FAQs
    • Massachusettts Unemployment FAQs
    • Severance Package FAQs
    • Medical Leave FAQs
    • Sexual Harassment FAQs
    • Employer FAQs
    • Civil Lawsuit FAQs
  • Blog