BOSTON DISABILITY, DISCRIMINATION, & REASONABLE ACCOMMODATIONS LAWYER

If you have a disability, you are entitled to rights in the workplace. This includes working in a discrimination-free environment and receiving reasonable accommodations if needed. Navigating disability, reasonable accommodations, and leave laws can be complex due to the intersection of various state and federal regulations.

If you are facing workplace issues related to your disability, it is crucial to consult with a skilled attorney specializing in disability and reasonable accommodations who understands the relevant laws and processes. Attorney Tara Swartz has been advocating for individuals with disabilities for over fifteen years, ensuring they receive the rights and benefits they deserve.

Disability Discrimination is Unlawful

Disability is a protected class, meaning your employer cannot discriminate against you if you are legally recognized as having a disability.

Under the law, you are considered disabled if you have a physical or mental impairment that significantly restricts one or more major life activities, have a history of such impairment, or are perceived to have such an impairment. Determining whether your condition qualifies as a legal disability is assessed on a case-by-case basis. Conditions like cancer, multiple sclerosis, and diabetes typically qualify, as do permanent conditions causing episodes or flare-ups. However, conditions like a broken leg usually do not qualify, and temporary ailments like the flu are not considered disabilities. Major life activities encompass various tasks, such as working, sleeping, eating, self-care, performing manual tasks, hearing, seeing, concentrating, and thinking, though this list is not exhaustive.

If you face harassment or adverse actions in hiring, promotion, or termination that you believe are due to your disability, you may have a legal claim. For more details on discrimination claims, visit our workplace discrimination page.

Reasonable Accommodations at Work

Individuals with disabilities do not always require assistance at work. Many are able to perform their duties without their employer or colleagues even being aware of their disability. However, circumstances might change during a disability flare-up or when starting a new job. If you find yourself in such a situation or have recently been diagnosed with a disability and are uncertain about the next steps, know that you have rights. Employers are obligated to offer reasonable accommodations to qualified individuals with disabilities. If you can carry out the essential tasks of your job with or without reasonable accommodations, you are considered a qualified person with a disability. You are entitled to such accommodations, regardless of whether you work full-time or part-time.

Reasonable accommodations involve modifications or adjustments to your job or work environment that enable you to fulfill the essential functions of your role. What is considered reasonable depends on your specific situation, including your job, your disability, your limitations, and the nature and size of your employer. Reasonable accommodations might include:

• Flexible or modified work schedules (such as fewer hours of work, more frequent breaks, and modification of attendance policies)
• Making work areas easier to access (such as adding ramps, elevators, designated parking spaces, and wider bathroom stalls for wheelchair access)
• Acquiring or modifying work equipment (such as changing a desk size to fit a wheelchair, hands-free telephone headsets, and voice recognition software)
• Changing tests or training materials (such as providing written materials in large print, Braille, or audiotape and in modified or shortened length)
• Providing readers or interpreters
• Providing leave time for medical treatment

Your employer must provide the accommodations you need unless it presents an undue hardship.

Reasonable Accommodation ‘Interactive’ Dialogue

The law mandates that employees and employers engage in communication when an employee requires an accommodation, known as the reasonable accommodation or ‘interactive’ dialogue. The depth and breadth of this dialogue depend on the specific circumstances, and it’s not merely a single discussion. Employers are obligated to collaborate with employees to identify and implement necessary accommodations unless these create an undue hardship for the employer.

Employees are not guaranteed the precise accommodation they request, but they are entitled to ‘effective and appropriate’ accommodations. This means if an employer provides an alternative to the requested accommodation, it must be suitable and effective. Should it fail to meet these criteria, the employer must continue to work with the employee to find an effective alternative.

Hire an Experienced Employment Lawyer to Help

The process of obtaining reasonable accommodations can be challenging for both employees and employers. Employees may not fully understand their legal obligations during this process, and even well-intentioned employers might not engage in the interactive dialogue adequately or appropriately.

If you’re considering requesting a reasonable accommodation, are facing difficulties with your employer, or worry about retaliation, we are here to assist you. Attorney Tara Swartz frequently guides employees through this process and collaborates with employers to ensure you receive the necessary support.