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Gender Discrimination

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 Solution

We 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.

Postscript

The 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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  • Home
  • Employment Law
    • Guide To Employment Law Content
    • Employment Contracts in Massachusetts
    • Discrimination in the Workplace
    • Employment Termination >
      • Massachusetts Paid Family Leave
      • Severance Pay
      • Unemployment in Massachusetts
    • 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
    • Non Compete Agreements >
      • Are non competes enforceable
      • Massachusetts Non Compete Act
      • Pre 2018 Massachusetts Non Competes
  • 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