Disability Discrimination

Issue: Disability Discrimination

Smith v. Long Bay Management Co., MCAD Docket No. BEM-2099, Boston, Massachusetts

Counsel: Denzil D. McKenzie

We defended the employer, Long Bay Management Co., against an ADA claim brought by an employee who was disciplined for sleeping on the job. The employee claimed that he was diabetic and that he had to take frequent naps due to his condition. We argued that the employer had no prior notice of the employee’s medical condition; therefore, it could not be charged with failing to make reasonable accommodations in violation of the ADA of G.L.c. 151B. The MCAD agreed and dismissed the complaint for lack of probable cause.