People hurt while working have the right to expect reasonable accommodations and protection from discriminatory termination. Sadly, however, it is not uncommon for employers to fire injured workers for asserting their rights. As demonstrated in a recent Massachusetts case, such action typically warrants grounds for pursuing civil claims. If you were terminated following a work injury, it is important to talk to an attorney about your options.
Factual Background and Procedural History
It is reported that the plaintiff was employed as an oil service technician when he suffered a meniscus tear in his knee, requiring surgery. Following the surgery, the plaintiff requested a reduced work schedule, which he communicated to his supervisor via text message. The plaintiff contended that this request constituted a reasonable accommodation for his temporary disability. However, reportedly, instead of accommodating his request, the employer terminated his employment.
It is alleged that the plaintiff subsequently filed a lawsuit against the employer, claiming disability discrimination under the Americans with Disabilities Act and Massachusetts General Laws Chapter 151B. He asserted that the employer failed to accommodate his disability and wrongfully terminated him due to his physical impairment. The employer moved for summary judgment, arguing that the plaintiff was not a qualified individual under the law and that no discriminatory intent motivated the termination. The trial court granted the employer’s motion for summary judgment, ruling that the plaintiff’s impairment did not qualify as a disability under the Americans with Disabilities Act and that his requested accommodation was unreasonable. The plaintiff appealed.
Disability as Defined by the ADA
On appeal, the court reviewed the lower court’s ruling de novo, considering whether the plaintiff had presented sufficient evidence to proceed to trial on his claims.
The court first analyzed whether the plaintiff’s knee injury constituted a disability under the Americans with Disabilities Act. Under the statute, a disability is defined as a physical or mental impairment that substantially limits one or more major life activities. The court rejected the lower court’s reasoning that a non-permanent injury could not qualify as a disability, emphasizing that even temporary impairments can meet the statute’s definition if they substantially limit major life activities, such as walking or working.
Next, the court examined whether the plaintiff was a qualified individual, meaning he could perform the essential functions of his job with or without reasonable accommodation. The employer asserted that installations and night shifts were essential functions of the plaintiff’s position and that he was unable to fulfill these duties. However, the court determined that there was a genuine dispute of material fact regarding whether these tasks were truly essential, precluding summary judgment.
The court also addressed the plaintiff’s retaliation and failure-to-accommodate claims. It found that the text message request for a reduced schedule was sufficiently clear to constitute a formal accommodation request. Additionally, the court ruled that a jury should decide whether the requested accommodation was reasonable, reversing the summary judgment ruling on these claims.
Lastly, the court affirmed the dismissal of the wrongful termination claim under Massachusetts law. The plaintiff had argued that he was terminated for raising concerns about the employer’s use of heating fuel with elevated biofuel content. However, the court held that such conduct did not fall under the public policy exception to at-will employment, meaning the employer was not liable for wrongful termination on those grounds.
Speak with a Skilled Massachusetts Attorney
If you were fired after being hurt while working, it is critical to talk to an attorney regarding your rights. James K. Meehan is an experienced Massachusetts workers’ compensation attorney dedicated to helping employees seek justice and if you engage his services, he will advocate zealously on your behalf. You can contact him at at 508-822-6600 or use our online form to schedule a confidential consultation.