Legal Question in Disability Law in Massachusetts
What they call
I have recently been demoted from my position as an Associate Manager to Shift Supervisor with a $9,280 p/yr pay cut, including bonus potential. I have a musculoskeletal syndrome known as Fibromyalgia and have been told by my doctors that if I want to get my symptoms under control I must cut back my hours to 40 hours a week.
When I presented my employer with doctors' letters asking for accomodations to my work schedule according to the ADA, I was given a choice to either take the demotion and pay cut under the FMLA, or remain in a schedule I could no longer physically manage. I have been forced to take the demotion, as I have no real choice here.
I have done some research and feel I have a good case for a Disparate Impact Complaint.
I am interested in what the difference is between filing the complaint with the MCAD or going to a private Firm. What are the Pro's and con's? Who is the best to go to in my area? Most importantly, do you feel there is a case here?
1 Answer from Attorneys
Re: What they call
This is the kind of question it is almost impossible to answer without knowing a lot more information and the opportunity to examine documents and interactive interviews. Fibromyalgia is a very difficult diagnosis and the diagnosis often changes over time. You also say your "doctors" state you must reduce your hours to get your symptoms under control. More than one treating physician is not a good sign, as they often compete against each other, like lawyers.
In most cases, you will have to or want to go to the MCAD, if only to follow the cheapest route to initial discovery. Whether you represent yourself or use a lawyer depends more on your financial situation or the complexity of your case.
You also seem to have convinced yourself that you have a case, so you will be skeptical of any lawyer who may be less than sanguine about your chances. If you really will listen to a lawyer with experience in this area, get referrals to disability lawyers in your area, call and ask if they have experience with fibromyalgia clients. If you don't find someone with specific experience with fibromyalgia, you can either go with another one who you feel you can work with, or extend your search geographically.
"Reasonable accomodation" doesn't require an employer to pay you the same money for less work, which appears to be the only way your "doctors" say you can be accomodated.
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