Discrimination Act For Disabilities In Massachusetts
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Under the ADA , you have a disability if you have a physical or mental impairment that substantially limits a major life activity. The ADA also protects you if you have a history of such a disability, or if an employer believes that you have such a disability, even if you don't.
What qualifies you for disability in Massachusetts? To qualify for disability you need to have a condition that prevents you from working for at least a year. You'll also need to meet certain work history requirements (for SSDI) or be within certain income limits (for SSI).
An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment.
For instance: deafness substantially limits hearing; blindness substantially limits seeing; intellectual disability, autism, traumatic brain injury, and major mental illness substantially limit brain function; mobility impairments that require the use of a wheelchair or partially or completely missing limbs ...
The easiest way to prove unlawful discrimination is through the use of direct evidence. Direct evidence is the kind that, if believed, requires a conclusion that unlawful discrimination motivated the employer's decision. Direct evidence requires no inference or presumption.
In general, to be entitled to an accommodation under the ADA, you must work for an employer with 15 or more employees (or a state or local government), you must be a person with a disability as defined in the ADA, and you must need the accommodation because of your disability.
How to Win a Disability Discrimination Case proof that your employer knew about your disability; evidence that your disability still qualified you for the job; proof that your employer refuses to offer reasonable accommodation for your disability such as allowing you to sit more often because you suffer from back pain;
A qualified individual with a disability has the skills, experience, education, and other requirements of the job the individual holds or desires, and can perform the essential functions of the position with or without reasonable accommodation.
Under the ADA , you have a disability if you have a physical or mental impairment that substantially limits a major life activity. The ADA also protects you if you have a history of such a disability, or if an employer believes that you have such a disability, even if you don't.
