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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.

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.

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Disability Discrimination under Massachusetts Law
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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.

How We Can Help

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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
    • 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
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  • Blog