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Disability Discrimination: Health Care Worker

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.

Ultimately, she took FMLA leave to recover from her surgery.  Upon her return, she was placed in a lower paying, part time role, which she accepted because she believed she had no choice.  Several months later, she had an adverse reaction to some of her medications, and her doctor placed her on an anti-seizure medication as a precaution.

The hospital, upon learning of this, immediately jumped on the opportunity to further strip her duties, telling her she could not work in the lab if there was a danger of seizures, even though she did not in fact have a seizure disorder.  Her immediate supervisor even went so far as to pantomime her drawing blood and then experiencing convulsions, in an exaggerated fashion which was deeply humiliating to Carla.

Carla then provided a note from her physician, clarifying the nature of her condition, and was immediately terminated.

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Discrimination Law Solution

Carla's situation included several forms of disability discrimination.  She was not properly accommodated when she returned from her surgery.  She was  ridiculed for the manifestation of her disability (limping and not moving quickly).  There was also the issue of perceived disability- the hospital reacted as if she had a condition- a seizure disorder- which she did not, and used that as a reason to reduce her responsibilities and compensation.  Finally, her termination when she provided updated medical information appeared to be solely related to her disability.

We filed a complaint with the Massachusetts Commission Against Discrimination ("MCAD") for Carla, and participated in a mediation at MCAD in an effort to resolve her claims.  We were able to negotiate a favorable settlement for Carla as a result of that mediation.

Postscript

Carla was a single mother who had excelled in her field despite considerable physical challenges, and took a great deal of pride in her work.  The treatment she experienced at this hospital was not only financially stressful but personally devastating.  We were happy to be able to provide her with compensation as well as validation for her feeling that she should not have been treated that way.

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We have years of experience helping people with discrimination and retaliation issues, and we would be happy to help. 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.
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  • Home
  • Employment Law
    • Guide To Employment Law Content
    • Advice for Employers >
      • Hiring Independent Contractors in Massachusetts
      • Termination Best Practices
      • Workplace Discrimination Employer Guide
      • Employee Handbook >
        • Employee Handbook Basics
      • Paid Family Leave and Your Small Business
      • Overtime Law for Employers
      • Employee Complaints About Pay
      • Employee Non Competes
    • Advice for Employees >
      • Employment Case Assessment
      • Discrimination in the Workplace
      • Sexual Harassment at Work >
        • Sexual Harassment Resources
        • Sexual Harassment in a Small Business
        • Constructive Discharge
        • Sexual Harassment and Non Disclosure Agreements
        • Sexual Harassment and Remote Work
        • Sexual Harassment Case Studies
      • Massachusetts Paid Family Leave
      • Non Compete Agreements >
        • Are non competes enforceable
        • Massachusetts Non Compete Act
        • Pre 2018 Massachusetts Non Competes
        • Non Compete Case Studies
        • Can I Avoid My Non Compete
      • Independent Contractor Law >
        • Independent Contractor Test
        • Working As Independent Contractor
        • Independent Contractor Case Studies
        • Independent Contractor Roadmap
      • Wage and Hour Laws >
        • Massachusetts Minimum Wage
        • Overtime Law >
          • Overtime Exemptions
          • Employee Travel Time
          • Federal or State Overtime Law
        • Overtime Law Case Studies
        • Massachusetts Wage Act >
          • Payment of Commissions
          • Wage Deductions
          • Late Payment of Wages
          • Paid Time Off
        • Wage Act Case Studies
        • What Are Your Wage and Hour Rights
      • Employment Contracts in Massachusetts >
        • Restrictive Covenants
        • Promissory Estoppel
      • Employment Termination >
        • Severance Pay
        • Should I Accept a Severance?
    • Unemployment in Massachusetts >
      • Unemployment Overpayment
      • Pandemic Unemployment
      • Unemployment Case Studies
  • Estate Planning
    • Guide To Estate Planning Content
    • Legacy Protection >
      • Why You Need an Estate Plan >
        • Why You Don't Have an Estate Plan
      • Massachusetts Estate Tax
      • Asset Protection Trusts
      • Children with Special Needs
    • Planning for Assisted Living
    • Is Your Will Enough >
      • Special Circumstances >
        • Estate Planning for Blended Families
        • Estate Planning for a Non Citizen Spouse
        • Estate Planning and Divorce
        • Estate Planning for Small Business Owners
      • Surviving Spouse's Share
      • Disinheriting Children Massachusetts
      • Updating Your Estate Plan
    • Estate Planning Documents >
      • What is a Trust >
        • Revocable trust
        • Irrevocable trust
        • Irrevocable vs revocable trust
      • Last Will and Testament
      • Durable Power of Attorney
      • Massachusetts Health Care Proxy
      • Life Estates in Massachusetts
      • Massachusetts Pet Trust
    • Probate Process >
      • Non Probate Assets
  • Business Law
    • Guide To Business Law Content
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
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  • About
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    • slnlaw core values
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    • Contact
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Rebecca Rogers
    • Sharleen Tinnin
    • Elijah Bresley
  • Legal FAQs
    • Estate Planning FAQs
    • Probate FAQs
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    • Commission Pay FAQs
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