Submitted by Anonymous on Thu, 08/25/2011 - 22:12
I have a medical issue that, at present, has caused no issues at work other than the initial leave when first diagnosed and some limitations from my doctor essentially no night shifts. My employers now wants to keep me from working because they are afraid that if I were to make a mistake, or be perceived to have made one, the fact that they let me work will increase their liability. Can they prevent me from working before there anything that is a dereliction of duty occurs? If no, I'd love the reference.
Thank you
Disability discrimination
That is a difficult question to answer without a lot more information and until you know, exactly, what you employer intends to do. At some point, an employee's long-term illness may rise to the level of a disability, as that term is used in federal and state law. Under both federal and state law, an employer may not discriminate against an employee because of a disability and, in fact, is required to make "reasonable accommodation" for the employee's disability. On the other hand, depending on the nature of your job, it may be a situation where no accommodation can be made. You may want to discuss the specifics with an employment law attorney in MA. Good luck.