1. Has a physical or mental impairment which substantially limits one or more major life activity,
2. Has a record of such impairment, or
3. Is regarded as having such an impairment.

Examples of handicaps include vision or hearing impairment, a heart condition, or depression. A "qualified" handicapped person must be able to perform the essential functions of the job, with or without a reasonable accommodation.

Handicap discrimination can take on many forms including paying handicapped employees less, failing to promote, and excluding handicapped employees from certain positions. An employer may also be liable for handicap discrimination where it fails to grant reasonable accommodations, which can range from allowing time off for medical reasons to modifying work schedules to making the workplace and usable and accessible for handicapped employees. An employer may only refuse to grant a qualified handicap employee accommodations where it can demonstrate that such accommodations would pose an undue hardship.

Numerous types of evidence may be gathered to substantiate claims for handicap discrimination. Such evidence includes:

• Comments indicating that the handicap was perceived by the employer as an unwarranted expense or as a negative attribute,
• A record on the part of the employer of treating handicapped individuals worse than similarly situated non-handicapped employees, or
• A practice on the part of the employer of asking illegal pre-employment inquiries relating to handicap.

At Conforto Law Group, we recognize that every client who is seeking the advice of an attorney has individual needs and goals. Whether it involves challenging a wrongful termination or collaborating to secure reasonable accommodations, we take the time to explore the different courses of action that our clients may pursue in reaching their goal. To arrange a consultation with an attorney, contact Conforto Law Group online at (617) 721-9139.

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