Disability Discrimination: Seizure Disorder
Susan was working part time at a coffee shop while going to school. She left work early one day because she was not feeling well. At her shift the next day, she suffered a seizure while working in the coffee shop.
After receiving medical care, and clearance from her doctors to return to work, she called the store manager to inquire about the schedule for the week, and learned she had not been scheduled for any shifts. She provided her manager with clearance from her physician, and was told "you're not well- I saw it on the video," referring to in store video footage of Susan having a seizure. From that point forward, Susan was effectively terminated, as she was never put on the schedule again. She relied on that part time income to support her while she attended community college. Moreover, the experience of having a seizure at work and being ostracized for it by her manager was extremely upsetting to her. Discrimination Law SolutionWe filed a claim in the Massachusetts Commission Against Discrimination, laying out the blatant discrimination based upon her having a medical emergency at work. We then withdrew from MCAD in order to file a civil claim in the Massachusetts Superior Court. The defendant initially failed to respond, but eventually secured counsel and we were able to negotiate a favorable settlement for Susan.
PostscriptThe Defendant in Susan's case, though part of a national chain, was a small franchise owner without in house legal advice. By using the strategy of withdrawing from MCAD and filing a civil claim, we were able to force them to retain an attorney, which in turn facilitated an early settlement of the case. If you are in a similar situation, remember that sometimes it is necessary to escalate a situation in order to get the attention of a small employer who may not fully understand their obligations under the law.
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