Disability discrimination remains a serious issue in many workplaces, even though laws are in place to prevent it. If you’re treated unfairly due to a physical or mental condition that limits daily activities like walking, hearing, or learning, you may be facing discrimination. It’s important to know your rights.
If you’re unsure how to prove disability discrimination, gathering evidence of unfair treatment is a key step. This may include documenting instances where you were treated differently from others because of your condition.
For guidance, a Boston disability discrimination lawyer can help protect your rights and support you through the legal process. With the right legal team, you can address the discrimination and seek justice for your situation.
Understanding How the ADA Shields Workers From Disability Discrimination
The Americans with Disabilities Act (ADA) protects workers from discrimination based on disability. It applies to businesses with 15 or more employees. A Boston employment discrimination lawyer can help if you’ve experienced unfair treatment at work.
Under the ADA, employers are also required to offer reasonable accommodations for employees or applicants with known disabilities. These accommodations help qualified individuals perform their job duties.
If an employer ignores these requirements or treats you unfairly, you have the right to take legal action. Speaking with a Boston labor and employment lawyer can help you understand your rights and the steps to take.
For a free legal consultation, call (860) 999-9394
Understanding FEPA and Disability Discrimination
Disability discrimination in the workplace isn’t just unfair—it’s illegal. In Massachusetts, employees are protected by the Fair Employment Practices Act (FEPA), which prohibits discrimination based on disabilities. Our legal team is here to help you understand your rights and how these laws protect you.
FEPA ensures that businesses with six or more employees cannot treat individuals unfairly due to a physical or mental disability. It also requires employers to provide reasonable accommodations, allowing employees with disabilities to perform their job duties.
If you believe your rights under FEPA have been violated, our legal team is here to guide you through the process and help you take the necessary steps to protect yourself from discrimination.
How to Identify Disability Discrimination in the Workplace
Disability discrimination can occur in many ways, and understanding these examples will help you recognize if you’re being treated unfairly. Common forms include lower pay, denial of promotions, or exclusion from certain roles based on disability.
However, the law only protects qualified disabled individuals—those who can perform essential job functions with or without reasonable accommodation.
Here are some specific examples of discrimination:
- Unequal treatment during the application or interview process
- Inappropriate remarks or comments about your disability
- Denial of reasonable accommodations that wouldn’t impact the business
- Unjustified negative performance reviews
- Being passed over for a promotion or raise in favor of a less qualified employee
If these situations resonate with you, it’s possible you’re facing disability discrimination. It’s important to know your rights and take steps to address these issues.
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Understanding the “Essential Functions” of a Job
The essential functions of a job are the key tasks an employee must perform. A delivery job, for example, includes loading trucks, driving routes, and delivering packages. If someone can’t complete these tasks, they may not meet the job’s requirements.
In some cases, a person may be able to do parts of the job, like driving, but not others, such as lifting heavy boxes. Unless a reasonable accommodation can be made to help with those tasks, the employer may not be obligated to hire them.
Essential functions are what define whether someone is truly qualified for a position, regardless of their disability.
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Providing “Reasonable” Accommodations for Disabled Employees
Employers must provide reasonable accommodations for disabled employees, such as adjusting work schedules or modifying the workspace. These accommodations are required unless they create an undue hardship for the employer.
Whether an accommodation is reasonable or poses an undue hardship depends on the specifics of the situation. Adjusting a schedule for medical visits or making minor, low-cost changes to the workplace typically won’t be considered a hardship.
If the requested accommodation is too costly or difficult to implement, the employer may have grounds to decline, but such cases are evaluated carefully based on the facts.
Damages for Disability Discrimination in Boston
Disability discrimination can have big financial consequences for employers. Settlements may be reached through negotiation or decided by a judge, depending on the situation. Some of the options available to those affected include:
- Compensation for lost wages, benefits, and other expenses
- Emotional distress damages
- Punitive damages for severe discrimination
- Attorney’s fees and litigation costs
- Reinstatement or promotion
- Policy or procedure changes at the workplace
In some cases, monetary damages for disability discrimination can be quite significant, depending on lost income and the nature of the discrimination. Our Boston disability discrimination lawyers have helped clients recover millions in compensation.
How to Address Disability Discrimination in Boston
If you’ve experienced disability discrimination in a Boston workplace, it’s important to take action. Document incidents like denied promotions or accommodations, and save any related emails or reviews. Report the issue to HR or management.
In Massachusetts, you have 300 days to file a claim with the Massachusetts Commission Against Discrimination. Acting quickly is key to keeping your options open.
If you’re thinking about filing a claim, consult with a Boston disability discrimination lawyer to discuss your next steps. Whether negotiating with your employer or taking your case to court, an attorney can help you through the process.
Proving Disability Discrimination: The Importance of Legal Guidance
If you’ve faced disability discrimination, having a lawyer by your side is key to protecting your rights. Understanding how to prove disability discrimination can be challenging, but with the right legal support, you can build a strong case.
At Duddy, Goodwin & Pollard, we are committed to holding corporations and employers accountable for unfair treatment. Our team will help you gather evidence, document incidents, and fight for justice.
Don’t face this situation alone—reach out to Duddy, Goodwin & Pollard today to discuss your legal options and take the first step toward fair treatment at work.
Call or text (860) 999-9394 or complete a Free Case Evaluation form