Legal Question in Disability Law in Massachusetts

boss requiring hand surgery before allowed to work again

My mother has severe arthritis and carpal tunnel syndrome, the latter being a direct result of her job as a lunchroom cafeteria worker. She has seen her doctor about this, and now wears a splint on her hand for part of the day to stabilize the wrists and hands and to prevent further injury to her wrists. She has been working like this for the past 3 months. The only job function that she is unable to do as a result of this is to wash the trays in hot water. Her boss has told her that she is not allowed to wear the splint at work and that she must have hand surgery before she is allowed to return to her work. She has talked to her union, but they are not sure what they can do to help her. Is her boss allowed to not allow her to work, even if her doctor says she is able to? Is she covered by the ADA? What are her rights to keep her job and livelihood?


Asked on 3/19/04, 11:28 am

1 Answer from Attorneys
Nance Lyons Law Office of Nance Lyons

Re: boss requiring hand surgery before allowed to work again

The ADA covers the problem - employer can be held responsible for "perceiving" employee to be handicapped. Union should go aggressively aftert this. Otherwise file a complaint with Mass.Commission Against Discrimination. Good Luck

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Answered on 3/19/04, 3:35 pm


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