Where a social worker has filed a complaint alleging that the respondent employer discriminated against her on the basis of her disability by failing to provide her with a reasonable accommodation, the employer’s motion to dismiss the complaint should be denied in part, as the complainant was a qualified disabled person despite her inability to drive.
The complainant is awarded lost wages in the amount of $101,567 plus $35,000 in damages for emotional distress.
“Stephanie Joseph filed a complaint with the Massachusetts Commission Against Discrimination (‘Commission’) on August 30, 2017 against her former employer, the Massachusetts Department of Children and Families (‘DCF’), alleging that it: (1) discriminated against her on the basis of her disability by failing to provide her with reasonable accommodation; (2) retaliated against her; and (3) constructively discharged her in violation of M.G.L.c. 151B. …
“By April 27, 2017, Ms. Joseph’s treating physician, Dr. Leslie Subhi Eldeiry (‘Dr. Eldeiry’) had cleared her to return to work with certain restrictions. …
“On April 28, 2017, Ms. Joseph faxed [Diane] Chang a completed request for reasonable accommodation form and a completed medical inquiry form filled out by Dr. Eldeiry. Dr. Eldeiry recommended that Ms. Joseph return to work with the following restrictions: a) limit weekly work hours to 20; b) limit caseload to 10 cases; c) no driving duty; and d) two 15-minute breaks daily to take medication and rest. …
“After...
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