Disability Discrimination: PTSD

Ellen worked as a Pilates instructor for a gym. In addition to her teaching responsibilities, she also served as manager for the site. Ellen regularly received positive feedback from the owner and from clients, and was considered one of the best instructors at the location.

Ellen had a history of treatment for PTSD, which was known to her employer. Her condition did not have any effect on her ability to do her job, and she considered it well under control.

Two years into her employment, the owner painted the walls of the gym a very bright color. Ellen received many complaints from clients about the color, specifically from some who felt it was migraine-inducing. As manager, she brought this to the owner's attention and suggested that a different color might be better.

The owner immediately turned it on Ellen, stating that the wall would be repainted in order to accommodate her alleged disability and avoid "triggering" her. They even went so far as to suggest she undertake a different course of treatment for her PTSD, even though the issue with the wall color had never been about her mental health in the first place.

After this exchange, the relationship began to deteriorate. Several weeks later, Ellen had to miss work due to illness, and was fired immediately upon her return.

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Discrimination Law Solution

Ellen's situation is an example of "perceived disability discrimination." She had an underlying condition that did not substantially affect her life activities, as it was controlled by medication, but her employer believed that it did, and held this against her.

We reviewed the facts of the entire relationship, and concluded that she not only had a disability discrimination claim, but also that her termination could have been in retaliation for taking protected sick time under Massachusetts law, and that she had likely been misclassified as an independent contractor.

We drafted a demand letter for Ellen, and entered into negotiations with her former employer that resulted in a favorable settlement for her.

Postscript

Ellen's situation is an example of how multiple things can go wrong at the same time. Her original complaint was about the degrading treatment she received with respect to her mental health condition, but the employer's violations of Massachusetts wage and hour laws gave her additional grounds to seek relief. If you are in a similar situation, be sure to discuss with your employment attorney all of the aspects of your employment relationship, to make sure you can access all of the potential tools at your disposal.

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