Disability Discrimination Attorneys in Boston

Fighting For Disability Discrimination Victims in Massachusetts

Experiencing discrimination in the workplace due to a disability can be emotional, overwhelming, and even infuriating. If you have been disadvantaged because of your condition, you need legal representation from a skilled disability discrimination attorney in Boston. Here at Davis & Davis, P.C., we represent employees in Massachusetts 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 can dismiss the lawsuit 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 must 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, 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 also 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 disabled employees.

Understanding the nuances of Massachusetts accommodation laws can be challenging. It's essential for both employers and employees to have a comprehensive understanding of the rights and responsibilities involved. This awareness not only aids in compliance but also fosters a more inclusive and accommodating work environment. Companies are encouraged to regularly train and update their management teams on how best to handle accommodation requests to avoid inadvertent discrimination.

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 resolution.

Within the legal framework, having a Boston-based attorney who understands the local court system and community nuances can be a significant advantage. Our profound knowledge of the Massachusetts legal landscape ensures each step we take is strategically aligned with achieving the best possible outcome for you. We pride ourselves on our diligent, personalized approach, dedicated to providing solutions that meet your specific circumstances.

Understanding Disability Discrimination in Boston: Local Insights & 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.

Common Legal Procedures for Disability Discrimination in Boston

Disability discrimination cases in Boston are subject to specific state laws and procedures. The Massachusetts Commission Against Discrimination (MCAD) plays a crucial role in handling these cases, providing a platform for affected individuals to bring their grievances. Before a lawsuit can be filed, a complaint must typically be lodged with the MCAD or the EEOC, setting the stage for both investigation and potential mediation. These organizations work to determine reasonable grounds for discrimination claims and can sometimes facilitate settlement discussions.

Once a complaint is filed, the investigation process begins. This includes gathering evidence, interviewing relevant parties, and possibly visiting the workplace of the accused employer. The outcome of these investigations often influences whether the matter proceeds to court. With Davis & Davis, P.C.'s comprehensive understanding of the local legal landscape, clients receive guidance designed to navigate these complex procedures seamlessly, minimizing stress while maximizing the chances for a favorable outcome.

Effective Communication with Your Attorney

At Davis & Davis, P.C., we believe that effective communication is the foundation of successful legal representation. We dedicate time to listen to our clients, ensuring that their stories and perspectives are heard and understood. This personalized approach allows us to craft a legal strategy that closely aligns with each individual's unique circumstances and goals.

Regular updates and open channels of communication mean you are never left in the dark about the progress of your case. Our role is not just to advocate on your behalf, but also to educate and empower you throughout the legal process. Our commitment to clear and consistent communication helps build trust and keeps you informed, enabling better decision-making and confidence in your legal journey.

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

Frequently 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.

Our lawyers take a client-centered approach, focusing on clear communication and ensuring you fully understand all legal procedures and strategies involved. Through comprehensive consultations and tailored advice, we aim to arm you with the knowledge and confidence needed to address any discrimination you may face.

What are the Potential Outcomes of a Disability Discrimination Case?

Outcomes in disability discrimination cases can vary widely based on the specifics of each case. Potential resolutions may include compensation for lost wages, reinstatement to a previous position, implementation of reasonable accommodations, or changes in company policy. Some cases might also result in punitive damages if egregious conduct by the employer is proven.

At Davis & Davis, P.C., we provide a realistic assessment of potential outcomes, carefully examining the details and circumstances of each case to chart the best course forward. While no specific outcome can be guaranteed, our goal is to achieve a resolution that addresses the injustices faced and supports your rights as a valued employee.

How Long Does it Usually Take to Resolve a Disability Discrimination Claim?

The duration of a disability discrimination claim can vary significantly depending on several factors, including the complexity of the case, the cooperation level of both parties, and the current caseload of the involved agencies or courts. Filing a complaint with the MCAD or EEOC typically initiates an investigative process that can last several months. If the case proceeds to court, additional time will be required for discovery, hearings, and potentially a trial.

Davis & Davis, P.C. is committed to navigating this process efficiently. By maintaining proactive communication and a strategic approach, we aim to minimize delays and work towards a timely resolution, giving you peace of mind as you pursue justice.

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.

Getting in touch is straightforward. You can reach us via phone or through our online contact form. During the initial consultation, we will assess your situation, answer your questions, and propose solutions to move forward. Our commitment is to make your path to justice understandable and accessible.