Denied a Job in MA for Disability? Know Your Rights to Fight Back

Job Denial Due to Disability in Massachusetts: Your Rights and What to Do

Navigating the job market can be challenging, and it becomes even more complex when a disability enters the picture. In Massachusetts, both state and federal laws are in place to protect individuals with disabilities from discrimination in employment. If you’ve been denied a job and suspect your disability was a factor, understanding your rights and the legal recourse available is crucial.

This article will delve into the specifics of disability discrimination in the hiring process under Massachusetts law, offering practical advice, detailing steps to take, and outlining potential legal outcomes. Our focus is on providing actionable information for job seekers in the Commonwealth.

Understanding Disability Discrimination in Massachusetts Employment Law

Massachusetts has robust protections against disability discrimination, primarily under Massachusetts General Laws Chapter 151B (M.G.L. c. 151B), which often provides broader coverage than its federal counterpart, the Americans with Disabilities Act (ADA). This law prohibits employers from discriminating against qualified individuals with disabilities in all aspects of employment, including the hiring process.

What Qualifies as a "Disability" Under Massachusetts Law?

M.G.L. c. 151B defines "disability" broadly, covering:

• 👉 A physical or mental impairment that substantially limits one or more major life activities (e.g., walking, seeing, hearing, breathing, learning, working, caring for oneself).
• 👉 A record of such an impairment.
• 👉 Being regarded as having such an impairment (even if you don't actually have one).

Crucially, the law specifies that an impairment does not need to "substantially" limit a major life activity to be considered a disability, making it more inclusive than the federal ADA in some respects. This broad definition means many conditions, both visible and invisible, can fall under the umbrella of protection.

What is "Discrimination" in Job Denial?

Discrimination occurs when an employer makes an adverse employment decision—such as refusing to hire you—because of your disability, or because they failed to provide a reasonable accommodation that would allow you to perform the job's essential functions.

The Employer's Obligations: Reasonable Accommodation

One of the cornerstone principles of disability employment law is the concept of "reasonable accommodation." Employers in Massachusetts (with six or more employees) are required to provide reasonable accommodations to qualified individuals with disabilities unless doing so would impose an "undue hardship" on the employer's business.

What is a "Reasonable Accommodation"?

A reasonable accommodation is any modification or adjustment to the job application process, the work environment, or the way a job is usually performed that enables a qualified individual with a disability to enjoy equal employment opportunities. Examples in the hiring context might include:

• ✉️ Providing a sign language interpreter for an interview.
• ⏰ Adjusting interview schedules or locations.
• 💻 Offering application materials in alternative formats (e.g., large print, accessible digital files).
• 🪑 Modifying a workspace for a pre-employment task to accommodate a physical limitation.

The "Interactive Process"

When an applicant requests an accommodation, or an employer becomes aware of the need for one, both parties are expected to engage in an "interactive process." This means a good-faith dialogue to identify the applicant's limitations, explore potential accommodations, and determine if an effective one exists that doesn't create undue hardship for the employer. An employer who simply denies an accommodation request without engaging in this process risks violating the law.

"Undue Hardship" Defense

An employer does not have to provide an accommodation if it would cause "undue hardship." This is a high bar, generally meaning significant difficulty or expense. Factors considered include the nature and cost of the accommodation, the employer's financial resources, and the type of operation. A simple inconvenience or minor cost is typically not enough to establish undue hardship.

Medical Exams and Inquiries

Employers generally cannot ask about disabilities or require medical exams before making a job offer. Once a conditional job offer is made, a medical exam can be required, but only if all entering employees for that job category must take it. If the offer is then rescinded, it must be because the medical exam reveals that the applicant cannot perform the essential functions of the job, even with reasonable accommodation, or poses a direct threat to health or safety that cannot be mitigated.

Proving Discrimination: What You Need to Show

If you believe you were denied a job due to disability discrimination, you generally need to demonstrate the following elements:

1. ✅ You have a disability as defined by M.G.L. c. 151B.
2. ✅ You applied for a job for which you were qualified (i.e., you met the legitimate skill, experience, education, and other requirements of the position).
3. ✅ You were denied the job.
4. ✅ The denial was because of your disability, or because the employer failed to provide a reasonable accommodation that would have enabled you to perform the job's essential functions.

Proving the discriminatory motive can be challenging, as employers rarely admit to it directly. Often, circumstantial evidence, such as inconsistent explanations for the hiring decision, questions asked during the interview, or the hiring of a less qualified non-disabled candidate, can be critical.

Hypothetical Cases Reflecting Massachusetts Scenarios

To illustrate how these principles apply, let's consider a few hypothetical situations common in Massachusetts:

Hypothetical Case 1: The Qualified Applicant with a Visible Disability

Sarah, who uses a wheelchair, applied for an administrative assistant position at a marketing firm in Boston. She had 10 years of relevant experience, impeccable references, and a strong resume. During her interview, she demonstrated excellent communication skills and familiarity with all required software. The office was ADA compliant, and the essential functions of the job did not involve physical tasks that her wheelchair would impede. After the interview, the hiring manager told her, "You're incredibly qualified, but we're looking for someone who can be more 'flexible' around the office." The company then hired a less experienced candidate without a visible disability.

Legal Principle: This is a classic example of "disparate treatment." Sarah was denied the job not because she couldn't perform its essential functions, but because of assumptions or biases related to her disability. The phrase "more 'flexible'" could be interpreted as a coded reference to her mobility, suggesting her disability was the true reason for the denial. An employer cannot deny a job based on stereotypes or generalized concerns about a disability.

Hypothetical Case 2: Invisible Disability and Unaddressed Accommodation Request

David, who has severe anxiety and depression, applied for a remote data analyst position at a tech company in Cambridge. He excelled in the initial screening and technical assessments. During the final interview, he proactively mentioned that while he could perform all job functions, he might occasionally need to adjust his start time by 30-60 minutes on certain mornings due to medication side effects, explaining that he would make up the time later in the day. He presented this as a potential reasonable accommodation. The interviewer seemed uncomfortable and quickly moved on. A week later, David received a generic rejection email, stating they "went with another candidate." He later learned the hired candidate had less experience but no known accommodation needs.

Legal Principle: Here, the issue is a potential failure to engage in the interactive process and deny an accommodation. David clearly communicated a potential need for accommodation. The employer's failure to discuss or consider this request before rejecting him could be a violation of M.G.L. c. 151B. A minor adjustment to a start time for a remote position, where core hours are flexible, is highly likely to be considered a reasonable accommodation that would not pose an undue hardship.

Hypothetical Case 3: Post-Offer Rescission Based on Medical History

Emily received a conditional offer for a project coordinator role at a manufacturing plant in Worcester, pending a routine pre-employment medical exam. She passed the physical aspects, but during the medical history review, she disclosed a past back injury from several years ago that had fully healed and caused no current limitations. The company doctor noted it. Two days later, her conditional offer was revoked, with the HR department citing "concerns about potential future workers' compensation claims related to a pre-existing condition." The job involved standard office work with no heavy lifting.

Legal Principle: This scenario presents a strong case for discrimination based on being "regarded as" having a disability or a record of a disability. Emily's past injury did not currently limit her, nor did it prevent her from performing the job's essential functions. The employer's decision was based on speculation about future risk, not on her current ability to perform the job. M.G.L. c. 151B prohibits employers from denying employment based on unfounded fears or stereotypes about a past or perceived disability.

Steps to Take if You Believe You Were Discriminated Against

If you suspect you've been denied a job due to disability discrimination, taking prompt and strategic action is essential:

Initial Actions: Document and Review

• ✍️ Document Everything: Keep detailed notes of dates, names, specific conversations, and any discriminatory statements or actions. Save all emails, job postings, application materials, and rejection letters.
• 🔎 Review the Job Description: Confirm you met all the stated qualifications for the position.
• 🤔 Assess Your Disability and Accommodation Needs: Be clear on how your disability affects you and what (if any) accommodations you would need to perform the essential functions of the job.
• 🗣️ Consider Requesting an Explanation (Cautiously): You can politely ask the employer for specific reasons for the denial. Be aware that they are unlikely to admit discrimination, but their stated reasons might reveal inconsistencies or provide useful information. It's often best to consult an attorney before making direct inquiries.

Seek Legal Counsel

• 🧑‍⚖️ Contact an Employment Law Attorney: This is perhaps the most critical step. An attorney experienced in Massachusetts employment law can evaluate your case, explain your rights, and guide you through the complex legal process. They can help you understand the strength of your claim, identify potential evidence, and advise on the best course of action.

Filing a Complaint

In Massachusetts, most disability discrimination claims must first be filed with an administrative agency before you can sue in court. You have two primary options:

1. 🏛️ Massachusetts Commission Against Discrimination (MCAD): This is the state agency responsible for enforcing M.G.L. c. 151B. You must file a complaint with the MCAD.
2. 🇺🇸 Equal Employment Opportunity Commission (EEOC): This is the federal agency responsible for enforcing the ADA. You can file a complaint with the EEOC.

Massachusetts is a "deferral state," meaning that if you file with the EEOC, they will typically "cross-file" your complaint with the MCAD, and vice-versa. An attorney can help you decide which agency to file with first and navigate the complaint process, which typically involves investigation, mediation, and potentially a public hearing or the right to sue in court.

Key Deadlines: Do Not Miss These!

Statutes of limitations are strict, and missing them will almost certainly bar your claim:

• 🗓️ MCAD: You must file a complaint with the MCAD within 300 days of the last discriminatory act.
• 🗓️ EEOC: You must file a complaint with the EEOC within 300 days of the last discriminatory act (due to MA being a deferral state).

These deadlines are critical. The clock starts ticking from the day you are denied the job or when the discriminatory action occurred. Do not delay in seeking legal advice.

Common Mistakes to Avoid

As you navigate this challenging situation, be mindful of these pitfalls:

• 🚫 Not Documenting: Relying solely on memory can weaken your case.
• 🚫 Waiting Too Long: Missing filing deadlines is a fatal error.
• 🚫 Misrepresenting Your Abilities: Be honest about your qualifications and any accommodation needs.
• 🚫 Engaging in Hostile Correspondence: While frustrating, maintain professionalism in all communications with the employer. Let your attorney handle formal demands.
• 🚫 Assuming All Employers Are the Same: While laws apply broadly, specific circumstances can vary greatly.
• 🚫 Attempting to Handle It Alone: Employment law is complex. An attorney offers invaluable expertise.

Potential Compensation and Damages

If you successfully prove disability discrimination in Massachusetts, the remedies can be substantial and aim to make you whole again. Possible compensation includes:

• 💰 Lost Wages (Back Pay): This covers the income you lost from the date of the discriminatory denial up to the date of a settlement or judgment. It can include salary, bonuses, benefits, and other employment-related earnings.
• 📈 Front Pay: If reinstatement to the job is not feasible, front pay can be awarded for future lost wages until you are likely to find a comparable position.
• 😞 Emotional Distress Damages (Pain and Suffering): This compensates you for the non-economic harm caused by the discrimination, such as mental anguish, humiliation, anxiety, and damage to reputation. In Massachusetts, these awards can range significantly, from tens of thousands of dollars to low to mid-six figures in cases with clear and documented emotional impact.
• punitive damages.
• ⚖️ Attorneys' Fees and Costs: M.G.L. c. 151B allows for the recovery of reasonable attorneys' fees and litigation costs for prevailing plaintiffs, which helps ensure access to justice.

Overall settlements and verdicts in Massachusetts disability discrimination cases vary widely based on the strength of the evidence, the employer's conduct, the extent of the claimant's damages (especially lost wages and emotional distress), and the specific facts of each case. They can range from low five figures for weaker or early settlements to mid-six figures or even higher for strong cases that proceed to trial or involve substantial lost income and significant emotional suffering.

Legal Warnings and Risks

Pursuing a discrimination claim can be a long and arduous process:

• ⏳ Time-Consuming and Stressful: Litigation can take months or even years and can be emotionally draining.
• 📉 No Guarantee of Success: Every case has risks. Employers will present their defense, and juries or administrative bodies make the final decision.
• 🛡️ Employer Counter-Arguments: Expect employers to argue you were not qualified, or that their decision was based on legitimate, non-discriminatory business reasons (e.g., another candidate was simply better, or the accommodation requested caused undue hardship).
• retaliatory actions against individuals who file discrimination complaints.

Knowing your rights is the first step toward advocating for yourself. If you believe you’ve faced job denial due to disability in Massachusetts, act quickly and seek experienced legal counsel. Your ability to work should be judged on your qualifications and skills, not on stereotypes or misconceptions about your disability.

Disclaimer: This article provides general information about Massachusetts employment law and is not intended as legal advice. The law is complex and constantly evolving, and specific facts will always influence legal outcomes. Do not act or refrain from acting based on the information provided here without consulting a qualified employment law attorney.