| Massachusetts General Laws c. 151 B and 152, speak | | | | requirements. |
| directly to handicap disability under the worker's | | | | Employers aren't required to provide a particular |
| compensation act. Pursuant to M.G.L. Chapter 152, an | | | | accommodation proposed by a handicapped person if |
| employee who sustains a work related injury and is | | | | there is an alternative accommodation that is available |
| capable of performing the essential functions of a | | | | and that would enable the person to perform the |
| job, with or without reasonable accommodation is a | | | | jobs essential functions or if the employer can |
| "qualified handicapped person" under the | | | | demonstrate an undue burden on the company. An |
| Massachusetts discrimination statute. Pursuant to | | | | employer may require proof of the existence of an |
| Massachusetts General Laws c. 151 B § 1, a | | | | impairment if a handicapped person requests |
| "qualified handicapped person is defined as; a | | | | reasonable accommodation. An employer is only |
| handicapped person who is capable of performing | | | | required to accommodate an employee's condition |
| essential functions of a particular job, or who would | | | | and isn't required to accommodate the employee's |
| be capable of performing the essential functions of a | | | | misconduct. An example of this is in the case of |
| particular job with reasonable accommodation to his | | | | mental illness an employer doesn't need to |
| handicap. | | | | accommodate anti-social behavior. |
| Massachusetts General Laws c. 151 B § 4(16), | | | | An accommodation doesn't have to be independently |
| makes it unlawful for an employer to dismiss from | | | | required by other safety or health regulations in order |
| employment or otherwise discriminate any person | | | | for said accomadation to be considered reasonable. |
| alleging to be a qualified handicapped person because | | | | Examples of reasonable accommodations include; |
| of that handicap, as long as the person is capable of | | | | changes in work schedules and assigned tasks, |
| performing the essential functions of the position | | | | modification of job requirements, and provisions of |
| involved with the reasonable accommodation, unless | | | | adaptive equipment, a part-time or flexible schedule, |
| the employer can demonstrate that the | | | | and lastly light duty work. |
| accommodation required to be made to the physical | | | | Lastly an employer doesn't have to undertake an |
| or mental limitations of the person would impose and | | | | accommodation if doing so conflicts with the |
| undue hardship to the employer's business. It is the | | | | following; contractual rights of other employees, if it |
| employer's burden to demonstrate that the | | | | causes other employees to work harder or longer |
| accommodation sought is unreasonable because it | | | | hours, or requires the employer to hire new |
| would impose an undue hardship on the employers | | | | employees. The United States Supreme Court has |
| business. Yates v. Mass- C.E.O.P.S., 17 MDLR 1503, | | | | held that an accommodation is not required under the |
| 1514 (1995). | | | | American with Disabilities Act (ADA) if it conflicts with |
| A reasonable accommodation under Massachusetts | | | | a company's seniority rules, unless the employee |
| law is amodification made in the way a job is | | | | shows "special circumstances." |
| conducted to enable handicapped workers to | | | | An example of handicap discrimination that could lead |
| perform specific job functions. The issue of | | | | to worker's compensation benefits is; if an employee |
| reasonable accommodation is only considered when a | | | | who suffered a work-related shoulder injury while |
| handicapped person is not able to perform the | | | | operating a truck without power steering, was |
| essential functions of the job. In areas employees | | | | discharged after being refused future assignments to |
| need assistance, employed are obligated to make | | | | trucks with power steering, and his injury prevented |
| reasonable accommodation unless the | | | | him from operating such trucks, the employee could |
| accommodation would impose an undue hardship or | | | | state a claim under both the Worker's Compensation |
| require waiving or excusing an inability to perform an | | | | Act and Massachusetts General Laws c. 151 B. |
| essential job function including, productivity | | | | |