You did everything right. You disclosed your medical condition to your supervisor, requested reasonable accommodations, and continued working hard despite your health challenges. But instead of support, you faced suspicious looks, inappropriate questions about your condition, and ultimately—termination. If this sounds familiar, you're not alone, and more importantly, it's not legal.
Disability discrimination is on the rise in Massachusetts workplaces, leaving hardworking employees wondering if they'll lose their jobs simply because they need medical treatment or workplace accommodations. We believe you shouldn't have to choose between your health and your livelihood.
Phillips Garcia Law stands with Massachusetts workers who refuse to accept discrimination. We've seen firsthand how employers violate disability rights—from firing pregnant workers who need morning sickness accommodations to terminating employees in addiction recovery programs. These actions aren't just morally wrong; they're illegal under federal and state law.
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Common Types of Disability Discrimination We Handle
Disability discrimination takes many forms in Massachusetts workplaces. At Phillips Garcia Law, our attorneys have extensive experience with cases involving:
- Physical disabilities and chronic medical conditions. Employees with mobility impairments, heart conditions, and other ongoing health issues are protected under federal and state disability laws when they need workplace modifications or time off for medical appointments. We fight for workers who have been denied reasonable accommodations or terminated because their conditions require ongoing medical care and accommodations at work.
- Pregnancy and pregnancy-related disabilities. Morning sickness, ectopic pregnancies, increased risk of seizures, failure to provide light-duty work, bed rest requirements, and other pregnancy-related conditions often require workplace accommodations that employers are legally required to provide. We've successfully represented workers who were terminated for requesting time off due to pregnancy complications or denied reasonable accommodations during their pregnancies, recovering substantial damages for these violations.
- Substance use disorders and addiction recovery. Workers in medication-assisted treatment programs, those recovering from opioid addiction, and employees using legally prescribed medications frequently face unlawful discrimination from employers who don't understand their legal obligations. We protect your rights whether you're using prescribed opioids for pain management or participating in a supervised recovery program.
Your Rights Under Massachusetts and Federal Disability Laws
Both the Americans with Disabilities Act (ADA) and Massachusetts disability discrimination laws provide strong protections for workers with disabilities. These laws require employers to:
- Provide reasonable accommodations unless doing so would cause undue hardship. This might include modified work schedules, ergonomic equipment, additional break time, or temporary job restructuring.
- Engage in good-faith discussions about accommodations. When you request workplace accommodations, your employer cannot simply ignore your request or immediately deny it. They must have an honest conversation with you to understand your needs and work with you to find reasonable solutions that allow you to perform your job effectively.
- Avoid discriminatory practices in hiring, firing, promotions, and other employment decisions. You cannot be terminated, demoted, or passed over for advancement solely because of your disability.
- Maintain confidentiality regarding your medical information and disability status. Employers may only request medical documentation when necessary to determine appropriate accommodations.
When Your Employer Fires You Because of Your Disability
Being terminated for disability-related reasons is one of the most serious forms of workplace discrimination. Many of our most successful cases involve workers who lost their jobs simply because they had a disability or needed accommodations.
Courts have consistently ruled that employers cannot legally fire you for:
- Asking for the help you need to do your job. If you request reasonable accommodations like a modified schedule or remote work, your employer cannot terminate you for making that request.
- Taking time off for medical treatment. When you need medical leave for surgery, therapy, or ongoing treatment, firing you for using legally protected leave violates your rights.
- Having a disability your employer thinks makes you "unfit." Employers cannot make assumptions about what you can or cannot do based on your medical condition. They must evaluate your actual ability to perform job duties, not their fears or stereotypes.
- Standing up for your rights. If you file a discrimination complaint or speak up about disability-related mistreatment, terminating you in response is illegal retaliation.
We've secured substantial settlements for clients who were wrongfully terminated, including full compensation for lost wages, emotional distress, and attorney fees. These cases can also result in improvements that benefit others with similar disabilities. For example, attorney Carlin Phillips represented two plaintiffs, disabled attorneys Joseph F. deMello and Miles Herman, in a class-action lawsuit in federal court addressing the lack of handicap accessibility in eight different Bristol County courthouses and registries of deeds. The agreement resulted in $6,000,000 committed to making structural accessibility improvements to all the buildings.
Protecting Your Rights Starts Now
Time limits apply to disability discrimination claims. In Massachusetts, you generally have 300 days from the discriminatory act to file a complaint with the Massachusetts Commission Against Discrimination (MCAD). The sooner you contact us, the better we can preserve evidence and protect your rights.
Our Massachusetts employment law attorneys handle disability discrimination cases on a contingency fee basis, which means you don't pay attorney fees unless we win your case.
FY 2020 data shows that retaliation remains the most frequently cited claim in charges filed with the agency—accounting for a staggering 55.8 percent of all charges filed—followed by disability, race, and sex. Specifically, the charge numbers show the following categories of discrimination, in descending order of frequency:
- Retaliation: 37,632 (55.8 percent of all charges filed)
- Disability: 24,324 (36.1 percent)
- Race: 22,064 (32.7 percent)
- Sex: 21,398 (31.7 percent)
- Age: 14,183 (21.0 percent)
- National Origin: 6,377 (9.5 percent)
- Color: 3,562 (5.3 percent)
- Religion: 2,404 (3.6 percent)
- Equal Pay Act: 980 (1.5 percent)
- Genetic Information: 440 (0.7 percent)
These percentages add up to more than 100% because some charges have multiple bases.
Don't Let Disability Discrimination Destroy Your Career and Well-Being
At Phillips Garcia Law, we’ve recovered substantial settlements for workers just like you —employees who were told they were "too much trouble" or "not worth the accommodation." You deserve justice, and we know how to get it.
If you're facing disability discrimination in Massachusetts, don't wait another day to protect your rights. Contact us today for a free consultation to evaluate your case and learn about your legal options. We represent workers throughout Massachusetts, including New Bedford, Dartmouth, Fall River, Boston, Brockton, and surrounding areas in Bristol County, Plymouth County, Barnstable County, Suffolk County, and Norfolk County.