What Is Considered Reasonable Accommodation in Massachusetts?

A reasonable accommodation in Massachusetts is a workplace adjustment that allows a qualified individual with a physical disability or mental impairment to perform essential job functions. Employers have a duty to provide a job modification as part of an interactive process unless it would cause undue hardship. Accommodations include flexible schedules or adaptive equipment with medical documentation. Failure to provide an accommodation under Massachusetts law is Chapter 151B disability discrimination, and employees have legal remedies for job retaliation available for constructive discharge.

Contact an employment law attorney for legal advice on seeking reasonable accommodations,

Federal and State Protections Against Workplace Disability Discrimination

The federal Americans with Disabilities Act (ADA) and Massachusetts Fair Employment Practices Act (FEPA) both protect employees (and potential employees) from workplace discrimination based on disability.

The federal and state laws largely cover the same ground, though Massachusetts laws extend protections to more private employers and to some types of medical conditions not covered by the ADA.

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What Are the Legal Requirements Under FEPA?

Massachusetts’ FEPA requires more than simply refusing to hire someone with a disability. An employer must also not refuse a reasonable accommodation for an employee’s handicap or job restriction. As for what constitutes “reasonable”?

“It’s hard to determine because, like a lot of employment law, it’s fact-intensive and decided on a case-by-case basis,” says Tani E. Sapirstein, an attorney who handles such employment cases with Sapirstein & Sapirstein in Springfield.

“It depends on the type of employer, size of the employer, resources of the employer. If it’s a smaller-sized employer and it’s an extensive accommodation, it may create an undue burden. But if you have 500 employees, less would constitute an undue hardship. It really depends on the accommodation request.”

No one-size-fits-all rule exists in the law, since it covers a wide variety of disabilities.

Examples of Reasonable Accommodations in Massachusetts Workplaces

A reasonable accommodation may involve something relatively simple, like altering an employee’s work schedule or work environment. In more complex cases, accommodation may require providing special tools to assist the employee or even shifting certain less essential job functions to another employee.

Depending on the circumstances, the employer may offer to reassign the employee to another job, although the law does not require it. The goal is to give employees with an impairment the same access to employment as non-disabled employees.

However, an employer may deny a requested accommodation if it would impose an “undue hardship” on the business. Again, there is no fixed method for determining what constitutes such a hardship. The factors that need to be considered are the actual costs to the employer and the impact on its financial resources and other employees.

Taking Legal Action Against an Uncooperative Employer

Under federal law, employers may not legally ask an employee if they have a disability, either during the application process or after they are hired. This means the employee must inform the employer that they have a disability and ask for reasonable accommodation.

Once an employee’s request is made, the ADA and state anti-discrimination laws require the employer to participate in an “interactive process” to determine the best way to make a reasonable accommodation.

“The most important thing is the interactive process — the requests and responses, and determining if it’s reasonable,” Sapirstein says. “The obligation is for both parties, so neither one can drop the ball.”

An employee should initiate that process and take their request to the appropriate level, such as a supervisor or human resources representative. Ideally it would be in writing, but that’s not often the case, Sapirstein says. In fact, employers may allege in court that the responsibility was never fulfilled.

If you aren’t satisfied with the outcome of this process, or the employer fails to participate or in any way violates the employee’s rights, you may file a complaint with either the Massachusetts Commission Against Discrimination (MCAD) or the U.S. Equal Employment Opportunity Commission (EEOC).

Find Legal Help

Qualified employment law attorneys can help determine the best course of action. Once an agency reviews the employee’s complaint, it can issue a “right to sue” letter authorizing further legal action.