Legal Question in Disability Law in Massachusetts
If there's no policy about Dr. notes, Is this discrimination?
My daughter was injured on town soccer fields just before a game, receiving a concussion. My husband and I were not notified and my daughter played the whole game. She needed to see a neurologist and have CT scan and MRI because of headaches. She has been headache free for a week, and my husband and I would like her to be able to play in her State Finals. The Dr. will see her next week and sign off on her then. The league wants a note now, though, for her to play. I asked and was told they have not asked any other player for a Dr. note. They claim she can not play because of liability. Can they stop her if no policy about Dr. notes is in effect?
2 Answers from Attorneys
Re: If there's no policy about Dr. notes, Is this discrimination?
I would think that providing a doctor's note to the league is the least of your problems. If I counseled them, I would tell them to make sure that they have a doctor's note re-certifying her ability to play. That's for their protection, and it's a reasonable request, given that she received a recent concussion.
Re: If there's no policy about Dr. notes, Is this discrimination?
As a practical matter, given that the state finals are probably imminent, what is the problem with getting the doctor's note? Legally, the issue is not clear - no legal issues are- the organization carries liability insurance; the insurer may require the doctor's note, the organization may simply be trying to protect your daughter, what if, for example, parents of a child forced her to play when injured.