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disability; (ii) the related laws against discrimination

based on perceived disability; (iii) the requirements of

the federal Family Medical Leave Act (“FMLA”); and

(iv) the requirements of the Massachusetts Earned Sick

Time Law.

A. Disability Discrimination and Reasonable
Accommodations

As we mentioned in Chapter One, disability is one

of the “protected classes” under both state and federal

anti-discrimination laws. It is a unique class, however,

because unlike the others, some disabilities can actually

make a person unable to do some jobs. A blind

employee cannot drive a truck, for example, at least not

currently, and a person with a severe back problem likely

cannot perform a job that primarily involves heavy

lifting.

22| Rules of the Road