Massachusetts employers can not refuse to accommodate handicapped employees who are lawfully prescribed medical marijuana to treat or alleviate a medical condition. Stated differently, continued use of medical marijuana as a reasonable accommodation request is not facially unreasonable. In Barbuto v. Advantage Sales, the Massachusetts Supreme Judicial Court (SJC) reversed…
Overview: In Joyce v. CSX Transportation, the MCAD found in favor of the Complainant, awarding six years of back pay and considerable emotional distress damages for a disability-based discrimination claim. The 66-year-old Complainant, who was a conductor with the Respondent transportation company, suffered from cognitive disabilities such as ADHD and…
Overview: In Codinha v. Bear Hill Nursing Center, the MCAD found in favor of the Complainant and awarded emotional distress damages for unlawful termination based on age and disability. The Complainant, a Certified Nursing Assistant, was in her early 70s when she fell at home and broke her wrist. After…
Overview: In Bloomfield v. MA Department of Correction, the MCAD found in favor of the Respondent and dismissed the complaint from a DOC Sergeant alleging a racially-motivated hostile work environment, retaliation, and discrimination based on disability from diabetes. Many of the Complainant’s allegations fell outside the applicable statute of limitations,…
Overview: In Lapete v. Country Bank, the MCAD found in favor of the Complainant and awarded back pay and emotional distress damages. The hearing officer determined that the Respondent bank failed to provide a reasonable accommodation for the Complainant’s disability—post-partum depression following the birth of her son via emergency C-section—and…
Overview: In Tsigas v. Department of Correction, the MCAD found in favor of the Respondent and dismissed the Complainant’s disability discrimination claim. The factual record established that the Complainant was not a handicapped individual as defined by statute, as his medical history presented “an array of conflicting symptoms that cannot…
Overview: In Diaz v. Ace Metal Finishing Inc., the MCAD found in favor of the Respondent industrial company and dismissed the complaint alleging termination of employment based on disability. The Complainant, who went out on a six-month medical leave when his chronic leg condition worsened, was laid off upon returning…
Overview: In Santos v. X-Treme Silkscreen & Design, the MCAD found in favor of the Complainant and awarded emotional distress damages for disability discrimination. The MCAD also amended the complaint to add as an individual the sole owner of the Respondent silk screening and embroidery company. Evidence established that the…
Overview: In Ke v. New England Baptist Hospital, the MCAD dismissed a complaint accusing the Respondent orthopedic hospital of unlawful termination on the basis of age, disability, race, and national origin. The Complainant was a trained cardiologist of Chinese national origin who worked as an echocardiographer after coming to the…
Disability discrimination claims under both the Massachusetts Fair Employment Practices Act and the Americans with Disabilities Act are among the most sophisticated claims that an employment lawyer can undertake. To maximize the chance of overcoming summary judgment and prevailing at trial, there are several technical points worth emphasizing when bringing…