Disability Discrimination Claims
Pontikes & Swartz, LLC., represents clients on both sides of litigation regarding disability or handicap discrimination. The firm routinely handles disability matters at the Massachusetts Commission Against Discrimination and the Massachusetts courts.
Answers to specific questions will be provided during a consultation. This information is not legal advice.
Massachusetts amended the Fair Employment Practices Act in 1983 to make unlawful the practice of discriminating based on handicap. G.L. c. 151B. In 1990, the Americans with Disabilities Act of 1990 (the "ADA") dramatically increased the public's awareness of the rights afforded to handicapped individuals. The section of the ADA containing employment provisions, Title I, became effective in July of 1992. 42 U.S.C. §§ 12101 et seq.
On March 31, 1998, the Massachusetts Commission Against Discrimination ("MCAD") issued its "Guidelines: Employment Discrimination On The Basis Of Handicap - Chapter 151B". The Guidelines are intended to assist employers , labor organizations, employment agencies and persons with handicaps, and their lawyers, in understanding what employment practices are lawful or unlawful and what steps must be taken to accommodate handicapped persons.
The Massachusetts statute makes it unlawful for an employer to dismiss from employment or otherwise discriminate against any person alleging to be a qualified handicapped person because of that handicap, as long as that person is capable of performing the essential functions of the position involved with reasonable accommodation, unless the employer can demonstrate that the accommodation required to be made to the physical or mental limitations of the person would impose an undue hardship to the employer's business. G.L. c. 151B, § 1(17).
Whether you are an individual or a small to mid-size company, if you are interested in becoming a P&S client, please contact us through our website or call our main telephone number (617) 357-1888 to schedule a consultation with a member of the P&S legal team.