Disability Discrimination Attorneys in Boston

Fighting For Disability Discrimination Victims in Massachusetts

Experiencing discrimination in the workplace based on a disability of any kind can be emotional, overwhelming, and even infuriating. If you have suffered or been put at a disadvantage because of your condition, you need legal representation from a capable disability discrimination attorney in Boston. Here at Davis & Davis, P.C., we represent employees in Massachusetts who have been affected by workplace discrimination.

The Challenges of Disability Discrimination Cases

Statistically, plaintiffs in disability discrimination cases lose significantly more trials than they win. Furthermore, many plaintiffs do not even get their proverbial ‘day in court’ because the employer is able to knock the lawsuit out by filing a dispositive Rule 56 summary judgment motion. We have a theory as to why plaintiffs struggle to succeed in disability discrimination lawsuits.

The problem is that the plaintiff has to walk a tightrope. If the plaintiff’s medical condition or disability is so severe that the employee cannot perform the essential elements of the job with an accommodation, then the plaintiff loses the lawsuit. However, if the plaintiff’s medical condition or disability is only temporary or not sufficiently debilitating, then they fail to qualify as a disabled employee. With depositions and other tactics, savvy defense attorneys get the plaintiff to lean too heavily to one side, thus defeating the plaintiff’s claims.

Massachusetts Employers' Duty to Accommodate Disabilities

Employers in Massachusetts are obligated to not only provide reasonable accommodations to disabled employees, but these companies are also obligated to engage in an interactive process with disabled employees. The employee does not have to use exact or special language, such as, “I need an accommodation.” As long as the employee provides adequate notice that he or she has a serious medical condition, this triggers the company’s obligation to begin a dialogue with the employee to determine what, if anything, the company should do in response.

Accommodations need to be reasonable. For example, if an employee who has an office on the second floor of an older, non-ADA-compliant building has serious mobility issues, it would not be reasonable for the employee to expect that the company will spend hundreds of thousands of dollars to retrofit the building with an elevator. However, allowing the employee to relocate his or her office from the second floor to the first floor may constitute a reasonable accommodation. Every situation needs to be analyzed separately because there are no one-size-fits-all solutions to accommodating disability employees.

Examples of Disability Discrimination

Disability discrimination can take many forms. Here are a few real-world examples:

• Denial of a Reasonable Accommodation: An employee with a mobility impairment may request a modified workspace, like an accessible desk or a closer parking spot. This is considered discrimination if the employer refuses to accommodate the request without a valid reason.
• Discriminatory Promotion Practices: A qualified employee with a disability may be passed over for a promotion in favor of a less-qualified individual without a disability. Employers cannot make advancement decisions based on assumptions about an employee’s abilities.
• Hostile Work Environment: An employee with a mental health condition might face derogatory comments from coworkers or supervisors about their condition, contributing to an uncomfortable and hostile work environment.
• Discrimination During Interviews: Under the ADA, an employer that asks an applicant whether they have a disability or requires a medical examination before making a job offer is engaging in illegal discrimination. Employers must base hiring decisions on qualifications, not medical conditions.

How a Boston Disability Discrimination Lawyer Can Help

We can assist you in:

• Filing a Complaint: We will help you file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Massachusetts Commission Against Discrimination (MCAD). These agencies investigate workplace discrimination claims and can take legal action on your behalf.
• Gathering Evidence: Discrimination cases often require substantial evidence, such as emails, witness testimonies, or medical records. We will help you collect and present this evidence to build a strong case.
• Negotiating with Employers: In many cases, disputes can be resolved through negotiation or mediation, ensuring you receive the compensation or accommodations you deserve without needing a lengthy court battle.
• Litigating in Court: If a satisfactory settlement cannot be met, we will represent you in court and fight for your rights. We are experienced in disability discrimination litigation and will work tirelessly to reach a favorable result.

Understanding Disability Discrimination in Boston: Local Insights and Resources

Living and working in Boston, you may be familiar with the unique challenges of navigating the city's bustling professional landscape. Unfortunately, disability discrimination remains a significant issue for many employees in our community. At Davis & Davis, P.C., we understand Boston residents' specific pain points and are here to help you address them effectively.

Boston is home to numerous government entities and resources dedicated to supporting individuals with disabilities. The Massachusetts Commission Against Discrimination (MCAD) is a key resource for those experiencing workplace discrimination. While we are not affiliated with MCAD, we recognize the importance of their role in enforcing anti-discrimination laws and can guide you on leveraging their resources.

One common issue in Boston is the accessibility of older buildings, which can pose significant challenges for employees with mobility issues. Navigating the historic architecture of neighborhoods like Beacon Hill or Back Bay can be particularly difficult. Employers must provide reasonable accommodations, but understanding what constitutes "reasonable" can be complex. Whether relocating an office to a more accessible floor or adjusting work schedules, we can help you determine the best course of action.

Additionally, Boston's harsh winters can exacerbate mobility challenges for disabled employees. Employers must consider these seasonal factors when discussing accommodations. At Davis & Davis, P.C., we are well-versed in the local climate and its impact on workplace accessibility, ensuring that your needs are met year-round.

By choosing Davis & Davis, P.C., you are partnering with a team that truly understands the intricacies of living and working in Boston. We are committed to protecting your rights and ensuring you receive the fair treatment you deserve in the workplace.

Contact Davis & Davis, P.C. today to get started with our Boston disability discrimination attorney.

Commonly Asked Questions

What legal support can Davis & Davis, P.C. provide for disability discrimination in Boston?

Davis & Davis, P.C. offers legal representation to employees in Massachusetts who have faced discrimination in the workplace due to a disability. Our attorneys understand the complexities of such cases and are dedicated to protecting the rights of our clients by navigating the legal system effectively to address the challenges of disability discrimination claims.

How can I schedule a consultation with a disability discrimination lawyer at Davis & Davis, P.C.?

To schedule a consultation with a disability discrimination lawyer at Davis & Davis, P.C., you can contact our office directly. Our experienced attorneys are ready to discuss your case, provide legal advice, and outline the steps we can take to help you protect your rights in the workplace.