Disability rights at work

You have rights at work under federal and Massachusetts state laws:

1. You have the right to be free from discrimination at work because you have a disability. Employers cannot refuse to hire you or promote you just because you have a disability. 
2. You have the right to reasonable accommodations that will make it easier to do your job or apply for a job. An employer cannot refuse to consider you because you need an accommodation to apply for or do the job.
3. You have the right to be free from interference and retaliation. Employers cannot intimidate, threaten, or discourage you from asking for accommodations. Keeping you from asking for or getting accommodations is called interference. They also cannot retaliate against you (get back at you) for exercising your rights. This includes the right to file a complaint of discrimination. 
4. If you believe that you have been discriminated or retaliated against, you have the right to file a complaint. You can report discrimination to someone in management or human resources. Or you can file a formal charge with federal and state agencies that enforce ADA laws. 

The Americans with Disabilities Act (ADA) and the Massachusetts Fair Employment Practices Act make it illegal to discriminate against people with disabilities. This includes discrimination in the workplace and during the hiring process. 

Employers in Massachusetts cannot discriminate against you because you have a disability. Workplace harassment because of your disability is also illegal. The Massachusetts Anti-Discrimination Laws apply to: 

• employers with 6 or more employees and 
• anyone who employs domestic workers (like cleaning services) even if there are less than 6 employees.

In Massachusetts, the Commission Against Discrimination (MCAD) is the state agency that enforces anti-discrimination laws.

In the workplace, a reasonable accommodation is a change to a policy, practice or rule to help a person with a disability to:

• apply for a job, 
• do their job, or
• access their workplace or work benefits (like health insurance).

There’s no one-size-fits-all approach to accommodations and no limit to the kinds of accommodations available. Two people with the same disability may need different accommodations.

Accommodations can be ongoing or as needed. Common accommodations are changes to a work schedule, changes to a dress code, or job reassignment. Other accommodations include making the workplace accessible to people with disabilities. This can be making sure you have access to the worksite itself as well as common areas like the bathroom. Assigned parking, entrance ramps, and automatic door openers are examples that address accessibility. Changes to your workstation or where you work are types of reasonable accommodations.

Sometimes a leave is an appropriate accommodation. Leave can be “continuous” or “intermittent.” For example, you may need continuous leave to have surgery due to your disability. And after you return you may need intermittent leave so that you can go to follow-up appointments. To learn more about leave, see Time Off From Work.

Accommodations are not only for those with physical disabilities. Reasonable accommodations for someone with psychological or learning disabilities vary. Flexible schedules, a quiet workspace, and telework are common and often effective.

The ADA does not require you to ask for reasonable accommodations in a certain way. You don't even need to say the words "reasonable accommodation" or "ADA" for your request to be valid. But, if you need accommodations at work it is your responsibility to tell your employer. You can make your request by talking to someone in management or human resources. Even though it's not required, it's a good idea to submit your request in writing. 

Your employer may need you to fill a form or follow their procedures for making a request. Keep in mind that your employer can request medical documentation if your disability is not obvious. 

Your employer should communicate with you as soon as possible after you request an accommodation. If you do not get a response in a reasonable amount of time, follow up with your employer. Ask if they got your request and try to find out the reason for the delay. Unnecessary delays could be a violation of your rights. 

If your employer denies your request, find out why. You may just need to provide more information or medical documentation. Your employer can request medical documentation if your disability is not obvious. But the request must be reasonable. They can only ask for enough information to confirm that:

• you have a disability and 
• your disability is the reason you need the accommodation. 

If your employer denies your request, suggest another option that could be effective.

When you get an accommodation, track its effectiveness. A trial period may be helpful to see if the accommodation is working. Tell your employer whether the accommodation is working. If it is not, offer other options that may be effective. The most important thing is keeping the lines of communication open. 

No. Your employer only has to give you an accommodation that is effective, meaning it lets you do the essential parts of your job.

If there is more than one accommodation that would let you do your job, your employer does not have to choose the one you like best, just because you prefer it. But if the accommodation they offer would not actually help, tell them. Your employer has to work with you to figure out if there is an accommodation that you both can agree on that would actually let you do your job.

Your employer does not have to give you an accommodation if it would cause an “undue hardship”. This means it would be very costly, very hard, or would create a significant health or safety risk to you or others. Whether an accommodation would cause an undue hardship depends on:

• the cost of the accommodation,
• how hard it is to provide the accommodation,
• your employer’s business type, 
• number of employees and locations, and 
• your employer’s budget. 

But, your employer still has to work with you to figure out if there is an accommodation that you both can agree on that isn’t an undue hardship. 

If your employer doesn’t respond to your request, make sure you follow up. Keep a list of the people you talked to, the dates you talked to them, and what they said. If they don’t respond, it is a good idea to follow up in writing.

If your employer denies your request, it can be helpful to find out why. You may be able to give more information or documentation to support your request. Or, if your employer says that the accommodation you asked for would be an undue hardship, you can suggest other accommodations. You can work together to figure out if there is an accommodation that you both can agree on that isn’t an undue hardship.

If you disagree with your employer’s decision, you can:

• Ask your employer if there is an appeal process. 
• Ask your employer if there is someone else in the chain of command that you can ask to reconsider. 
• Ask your union representatives about filing a grievance, if you’re represented by a union.

If you’re not able to find a solution that both of you agree with, you can file a charge of discrimination with the Massachusetts Commission Against Discrimination (MCAD) within 300 days of your denial.

The Massachusetts Commission Against Discrimination (MCAD) is the state agency that investigates complaints of employment discrimination. To speak with someone about filing a complaint with MCAD, you can:

• visit an MCAD office or 
• schedule a virtual intake interview.

You must file your complaint within 300 days of the date your employer denied your request or failed to provide the accommodation you need. If you want to file a complaint but your 300-day filing deadline is in less than 72 hours, you can call 617-994-6000 to schedule an emergency intake appointment.