Disability Discrimination

Am I Really “Disabled”?

You might be surprised to learn that the law defines “disability” much more broadly than most people think. Under both the Americans with Disabilities Act (ADA) and Massachusetts law, a person is considered disabled if they have a physical or mental condition that significantly limits one or more major life activities — and courts interpret this very broadly.

That means even if you don’t see yourself as “disabled,” the law might say otherwise. In fact, most employees who file disability discrimination claims are legally recognized as disabled. Bottom line: a wide range of conditions qualify, even ones you may not expect.

I Think I Might Be Legally Disabled — What Are My Rights?

If you’re covered under the ADA or Massachusetts disability law, you have important protections at work, including:

You can’t be harassed because of your disability.
You can’t be fired or disciplined because of it.
You have the right to reasonable accommodations to help you do your job.
You have the right to an “interactive process” with your employer to figure out what accommodations you may need.

Can You Give Me an Example?

Sure! Let’s say you have glaucoma, which limits your vision. Reading off a standard computer screen becomes difficult, and that’s affecting your ability to do your job. Your employer is required to work with you to find a solution — that’s called the interactive process.

What might that look like?

Hiring someone to read to you every day? Likely not reasonable.
Providing a $150 specialized monitor to help you see better? Likely is reasonable.

If your employer refuses to have that conversation or denies a reasonable accommodation, that could be disability discrimination.

What About Medical Leave?

This is actually one of the most common situations we see.

Say you’re going through cancer treatment and need two months off for chemo and radiation. After that, you’ll need a reduced schedule for six months. That’s absolutely a disability, and unless your employer can prove that accommodating you would cause significant hardship to the business, they’re legally required to allow the time off and schedule modification.

They may say it’s a hardship — but saying it and proving it are two very different things.

What’s the Next Step?

If you think your rights may have been violated, we’re here to help. Contact us to schedule a free consultation to talk with the Mahanaim Law legal team about your Massachusetts disability discrimination claim.

Let’s figure out your next move — together.