A Temporary disability, 12.1(a)
Termination of employment, 21, 22.9(c)–22.9(e)
ADA. See AMERICANS WITH DISABILITIES ACT Undue hardship, 12.5(a)
Unpaid leave, 7
ADOPTION Workplace equipment, acquisition or modification
Family and Medical Leave Act of 1993, Exhibit A of, 14.1
Massachusetts Maternity Leave Act, 8.3(a)
Termination of employment, 21 APPLICATION PROCESS
Disabled persons, 22.1(c)–22.1(e), 22.2(c)–
ALCOHOLISM, 8.4(a)–8.4(b) 22.2(e)
ALTERNATIVE POSITION, 9.1(b) ARMS, LOSS OF USE, 26.1
AMERICANS WITH DISABILITIES ACT ASSISTANTS, HUMAN. See HUMAN
Overview, Exhibit B ASSISTANTS
Alcoholism, 8.4(a)
Benefits, 2.2, 8.2(b) B
Disability, 12.6(a)
Definition of, 22.8(b) BENEFITS, Exhibits A, B
Proof of, 2.1 Employee's rights and responsibilities, 4, 12.6
Temporary, 12.1(a) Family and Medical Leave Act of 1993, 8.2(a),
Disabled persons, 3, 7, 8.1(c), 8.2(b), 12.5(a) 12.6(a), 33.1, Exhibits A, B
Discrimination, 14.3 Massachusetts Workers' Compensation Statute,
Drug users, 8.4(b) 8.1(b), 33.1
Employee qualifications, 14.2 Medical leave, 12.1(a), 12.3(a), 12.6(a), Exhibits
Employee's rights and responsibilities, 22.8(b) A, B
Employer's rights and obligations
Interactive process, 22.9(c)–22.9(e) BENEFITS, TERMINATION OR MODIFICATION
Essential functions, 2.2 OF, 33.2
Extent of coverage, 2.1
Family and Medical Leave Act of 1993, compared BIRTH
with, 12.1(c), 12.7(c), 22.8(d), 22.9(d), Exhibit Family and Medical Leave Act of 1993, Exhibit A
B Massachusetts Maternity Leave Act, 8.3(a)
Hiring, 21 Maternity leave, 8.3(a)
Impairment, physical or mental, 8.1(c) Termination of employment, 21
Indefinite leave, 8.2(b)
Job applications, 2.2 BLINDNESS, 17.3, 26.1
Job protected leave, Exhibit B
Job reassignment, 12.5(b), 12.7(b), 12.7(c), BODILY DISFIGUREMENT, 26.1
22.8(d), 22.9(b)
Major life activities, 8.1(c) C
Massachusetts Fair Employment Practices Act,
compared with, 3, 12.1(c), 12.3(c), 15.1(d), 32, CANCER AND CANCER TREATMENT, 8.2(a),
Exhibit B 12.7(a)
Massachusetts Workers' Compensation Statute,
compared with, 30, 32, Exhibit B CHEMICAL-FREE ENVIRONMENT, 17.5
Medical leave benefits, Exhibit B
Mitigating measures, 3, 12.3(a), 12.8(a) CHILDREN. See also FAMILY AND MEDICAL
Paralysis, 12.6(a) LEAVE ACT OF 1993
Physical accommodation, 2.2 Birth, adoption or foster placement
Reasonable accommodation, 2.2, 9.1(b), 12.5(a), Unpaid leave, 4
22.8(b), 22.9(b), Exhibit B Massachusetts Maternity Leave Act, 8.3(a)
Substantially limiting disability, 2.1, 8.1(c), 8.2(b),
12.5(a), 12.7(a), 22.8(b) COBRA, 26.2
Supervision, modification of, 19, 20.3(b)
Telework, 10.1(b)
COLLECTIVE BARGAINING AGREEMENTS, DISCRIMINATION. See also AMERICANS WITH
20.6(b), 27, 31 DISABILITIES ACT; MASSACHUSETTS FAIR
EMPLOYMENT PRACTICES ACT
COMPENSATION BENEFITS, 26, Exhibit B After filing workers' compensation claim, 29
Collective bargaining agreements, 31
CONFIDENTIALITY OF MEDICAL Disability based, 20.2(b), 30, 32
INFORMATION, 22.7(c)–22.7(e), 22.8(e) Failure to provide reasonable accommodation,
14.3
CONSOLIDATED OMNIBUS BUDGET Hiring, 22.3(c)–22.3(e)
RECONCILIATION ACT OF 1985, 26.2 Massachusetts Fair Employment Practices Act, 30
Medical examinations, 22.7(b)
COVERED EMPLOYER Preemployment skills testing, 22.6(b)
Family and Medical Leave Act of 1993, 8.1(a) Reasonable accommodation, 14.3
Supervision, 20.2(b)
D Termination of employment, 29
Work standards, 20.4(b)
DEAFNESS, 17.4, 26.1
DISFIGUREMENT, BODILY, 26.1
DEPARTMENT OF INDUSTRIAL ACCIDENTS'
OFFICE OF EDUCATION AND DRUG USE, 8.4(b)
VOCATIONAL REHABILITATION, 26.3
E
DISABILITY
Alcoholism, 8.4(a) EEOC REGULATIONS
Americans with Disabilities Act, 12.6(a), 22.8(b) Human assistants, 14.1
Massachusetts Fair Employment Practices Act, Illegal drug use, 8.4(b)
22.8(b) Interactive process, 19
Partial, 25 Reasonable accommodation, 9.1(b)
Proof of, 2.1, 8.2(b) Substantially limiting disability, 8.1(c)
Temporary, 8.1(c), 22.8(a), 25 Workplace equipment, acquisition or modification
of, 14.1
DISABLED PERSONS. See also AMERICANS
WITH DISABILITIES ACT; EMPLOYEES
MASSACHUSETTS COMMISSION AGAINST Disability, proof of, 8.2(b)
DISCRIMINATION; MASSACHUSETTS FAIR Employee qualifications
EMPLOYMENT PRACTICES ACT; Essential functions, 20.4(b), 20.5(b)
MASSACHUSETTS WORKERS' Employee's rights and responsibilities See also
COMPENSATION STATUTE AMERICANS WITH DISABILITIES ACT;
Application process, 22.1(c)–22.1(e), 22.2(c)– FAMILY AND MEDICAL LEAVE ACT OF
22.2(e) 1993; MASSACHUSETTS FAIR
Definition, 8.1(c) EMPLOYMENT PRACTICES ACT;
Disability status inquiry, 22.1(a) MASSACHUSETTS WORKERS'
Discrimination against, 20.2(b), 30, 32 COMPENSATION STATUTE
Hiring of, 21, 22.2(a) Americans with Disabilities Act, 22.8(b)
Disability status inquiry, 22.1(c)–22.1(e), Benefits, 4, 12.6
22.2(c)–22.2(e) Essential functions, 15.1(b), 15.2(b), 22.9(b)
Essential functions inquiry, 22.3(a), 22.3(b) Interactive process, 22.10(b)
Job candidates, 22.1(b), 22.2(b), 22.4(b) Job protected leave, 22.8(b), 22.9(b)
Mitigating measures, 3, 12.8(a) Job reassignment, 22.9(b)
Proof of disability, 2.1 Medical leave benefits, 2.2, 8.1(b), 12.1(a),
Qualified, 30 12.3(a), 12.6(a)
Reasonable accommodation, 12.5(a) Qualifications, 15.1(b), 22.8(b), 22.9(b)
Temporary disability, 8.1(c), 22.8(a) Reasonable accommodation, 13, 22.8(b),
Termination of employment, 21 22.9(b)
failure to receive, 14.4(b), 22.10(b)
failure to request, 15.5(b)
request for, 15.1(b), 15.2(b), 15.3(a), 15.4(b), Reduced leave schedule, 8.2(a), 9.1(b)
22.10(b) Telework considerations, 10.1(b)
Serious health condition, 22.8(b), 22.9(b) Termination of employment, 22.8(c)–22.8(e),
Family and Medical Leave Act of 1993, 8.1(a), 22.9(c)–22.9(e), 22.10(c)–22.10(e)
Exhibit A Undue hardship, 22.8(c)–22.8(e), 22.10(c)–
Key, 8.2(a) 22.10(e)
Massachusetts Maternity Leave Act, Exhibit A definition of, 2.2, 14.4(a)
Qualifications, 13, 14.2, 15.5(b), 15.6(b), 22.9(a), proof of, 8.2(b)
22.9(d) reasonable accommodation, 9.1(b), 12.1(d),
Workers' Compensation benefits, 26 12.5(a)
Work standards, 15.4(c)
EMPLOYERS
Employer's rights and obligations See also EMPLOYMENT. See HIRING; JOB CANDIDATES
AMERICANS WITH DISABILITIES ACT;
FAMILY AND MEDICAL LEAVE ACT OF EMPLOYMENT LAWS, MASSACHUSETTS. See
1993; MASSACHUSETTS FAIR MASSACHUSETTS FAIR EMPLOYMENT
EMPLOYMENT PRACTICES ACT; PRACTICES ACT
MASSACHUSETTS MATERNITY LEAVE ACT
Alternative position, 9.1(b) ENVIRONMENT. See WORKPLACE
Disability status inquiry, 22.1(c)–22.1(e), ENVIRONMENT
22.2(c)–22.2(e), 22.4(c)–22.4(e)
Documentation, 22.6(c)–22.6(e), 22.7(e), EQUAL BENEFITS PRIVILEGES, 2.2
22.8(e), 22.9(e), 22.10(e)
Essential functions inquiry, 22.3(c)–22.3(e), EQUIPMENT. See WORKPLACE EQUIPMENT,
22.9(c)–22.9(e) ACQUISITION OR MODIFICATION OF
Individualized assessment, 8.2(b)
Interactive process, 8.2(b), 14.5 ESSENTIAL FUNCTIONS, 15.6(b)
essential functions and, 10.1(b), 15.6(c), Ability to perform
22.9(c)–22.9(e) Employee's rights and responsibilities, 22.9(b)
failure to participate, 15.2(c) Lump sum settlements, 28
reasonable accommodation, 2.2, 12.1(a), Reasonable accommodation, 30
15.2(d), 20.8(b), 22.8(c)–22.8(e), Ability to perform inquiry
22.10(a), 22.10(c)–22.10(d) Disabled persons, 22.3(b), 22.3(c)–22.3(e)
Job protected leave, 22.8(c)–22.8(e), 22.9(c)– Employer's rights and obligations, 22.9(c)–
22.9(e) 22.9(e)
Job reassignment, 12.5(b), 12.7(b), 22.8(c)– Definition of, 2.2
22.8(e) Employee qualifications, 14.2, 20.4(b), 20.5(b),
Job restructuring, 10.1, 12.4(b) 22.9(d)
Medical examinations, 22.7(c)–22.7(e) Establishment of, 15.1(b), 15.2(b)
Physical accommodation, 2.2 Family and Medical Leave Act of 1993, 12.1(a),
Postoffer, 22.7(a), 22.7(c)–22.7(e) 12.1(b), 12.3(a), 12.4(a)
Preemployment skills testing, 22.6(c)–22.6(e) Hiring, 21
Preoffer, 22.1(c)–22.1(e), 22.2(c)–22.2(e), Physical accommodation, 16
22.3(c)–22.3(e), 22.4(c)–22.4(e), 22.5(c)– Postoffer inquiry, 22.7(c)–22.7(e)
22.5(e) Reasonable accommodation, versus, 12.1(b),
Reasonable accommodation 14.3, 20.5(b)
additional leave, 22.8(c)–22.8(e), 22.9(c)– Serious health condition, 12.3(a)
22.9(e) Work standards, 14.2
consideration of, 22.10(c)–22.10(e)
essential functions and, 12.1(b), 12.6(b), EVALUATION SYSTEM, MODIFICATION OF,
14.5, 15.1(b)–15.1(c), 15.4(c) 20.6(b)
failure to provide, 14.3, 14.4(b)
interactive process, 2.2 EYES, LOSS OF, 26.1
job restructuring, 10.1(b), 12.4(b), 12.8(b)
obligation to provide, 12.3(b)
preemployment skills testing, 22.6(c)–22.6(e)
F G
FAMILY AND MEDICAL LEAVE ACT OF 1993 G.L. C. 152. See MASSACHUSETTS WORKERS'
Overview, Exhibits A, B COMPENSATION STATUTE
Alcoholism, 8.4(b)
Alternative position, 9.1(b) G.L. C. 151B. See MASSACHUSETTS FAIR
Americans with Disabilities Act, compared with, EMPLOYMENT PRACTICES ACT
12.1(c), 12.7(c), 22.8(d), 22.9(d), Exhibit B
Benefits, 12.6(a), 33.1, Exhibit A H
Birth or adoption, Exhibit A
Cancer and cancer treatment, 8.2(a), 12.7(a) HANDICAPPED PERSONS. See DISABLED
Covered employers and employees, 4, 8.1(a), PERSONS
Exhibit A
Eligible employees, 8.1(a) HANDS, LOSS OF USE, 26.1
Essential functions, 12.1(a), 12.1(b), 12.3(a),
12.4(a) HEALTH BENEFITS, 2.2, 4, 8.1(b), 12.6(a), 33.1,
Illness of family member, Exhibit A Exhibits A, B
Intermittent leave, 8.2(a), 9.1(b)
Job protected leave, 7, 22.8–22.8(b), 22.8(e), HEARING, LOSS OF, 26.1
22.9(a)–22.9(d), Exhibit A
Job reassignment, 12.7(c) HEARING IMPAIRMENT, 17.4
Key employee designation, 8.2(a)
Light-duty work, 33.2 HIRING. See also JOB CANDIDATES
Massachusetts Fair Employment Practices Act, Americans with Disabilities Act, 21
compared with, 22.8(d), 22.9(d), Exhibit B Disability status inquiry, 22.1(a), 22.2(a), 22.3(a)
Massachusetts Maternity Leave Act, compared Disabled persons, 21, 22.2(c)–22.2(e)
with, Exhibit A Essential functions inquiry, 22.3(a), 22.3(b)
Massachusetts Medical Leave Act, compared with, Discrimination, 22.3(c)–22.3(e)
8.3(b), 8.3(c), Exhibit A Essential functions, 21
Massachusetts Workers' Compensation Statute, Massachusetts Fair Employment Practices Act, 21
compared with, 12.1(c), 33, Exhibit B Medical examinations, 22.5(b), 22.7(b)
Medical certification, 8.1(a), 12.1(b), 12.3(b) Preemployment skills testing, 22.6(a)
Medical leave benefits, 8.2(a), Exhibits A, B
Mental impairment, 12.8(a) HUMAN ASSISTANTS
Personal leave, Exhibit A EEOC regulations, 14.1
Pregnancy, 8.3(a) Hearing impairment, 17.4
Reasonable accommodation, 12.6(b) Massachusetts Commission Against
Reduced leave schedule, 8.2(a), 9.1(b) Discrimination, 14.1
Serious health condition, 7, 8.1(a), 12.1(a), Massachusetts Fair Employment Practices Act,
12.3(a), 12.4(a), 12.6(a), 12.7(a), 12.8(a), 14.1
22.8(a), Exhibit A Physical accommodation, 17.2, 17.3
Service requirement, 4 Reasonable accommodation, 13
Statutory leave entitlements, 7 Visual impairment, 17.3
Telework, 10.1(b)
Termination of employment, 21, 22.9(c)–22.9(e) I
Undue hardship, 9.1(b)
Unpaid leave, 4, 12.6(a) ILLEGAL DRUG USE, 8.4(b)
Vacation leave, 8.2(a), Exhibit A
Work related injuries, 33, Exhibit B ILLNESS. See SERIOUS HEALTH CONDITION
FEET, LOSS OF USE, 26.1 IMPAIRMENT, PHYSICAL OR MENTAL
Americans with Disabilities Act, 8.1(c)
FIRING. See TERMINATION OF EMPLOYMENT Hearing, 17.4
Massachusetts Fair Employment Practices Act,
FRAGRANCE-FREE ENVIRONMENT, 17.5 8.1(c)
Vision, 17.3, 26.1
Employer's rights and obligations, 22.8(c)–22.8–
INDEFINITE LEAVE (e), 22.9(c)–22.9(e)
Americans with Disabilities Act, 8.2(b) Family and Medical Leave Act of 1993, 4, 7, 22.8,
22.8(a), 22.8(b), 22.8(e), 22.9(a), 22.9(b),
INDIVIDUALIZED ASSESSMENT, 8.2(b) 22.9(c), 22.9(d), Exhibit A
Massachusetts Fair Employment Practices Act,
INJURY, WORK RELATED. See WORK Exhibit B
RELATED INJURIES Massachusetts Maternity Leave Act, 8.3(a), 8.3(b),
Exhibit A
INJURY ON THE JOB. See WORK RELATED
INJURIES JOB REASSIGNMENT
Americans with Disabilities Act, 12.5(b), 12.7(b),
INTERACTIVE PROCESS 12.7(c), 22.8(d), 22.9(b)
Americans with Disabilities Act, 22.9(c)–22.9(e) Employee's rights and responsibilities, 22.9(b)
EEOC regulations, 19 Employer's rights and obligations, 22.8(c)–22.8(e)
Employee's rights and responsibilities, 22.10(b) Family and Medical Leave Act of 1993, 12.7(c)
Employer's rights and obligations, 2.2, 8.2(b), Massachusetts Commission Against
10.1(b), 12.1(a), 14.5, 15.2(c), 15.2(d), 15.6(c), Discrimination, 12.4(c), 20.9(b)
20.8(b), 22.8(c)–22.8–(e), 22.9(c)–22.9(e), Massachusetts Fair Employment Practices Act,
22.10(c)–22.10(e) 12.5(b), 12.7(b), 20.9(b)
Massachusetts Fair Employment Practices Act, Reasonable accommodation, 12.5(b), 12.7(d),
22.9(c)–22.9(e) 20.9(b)
Reasonable accommodation, 22.10(a)
Supervision, modification of, 19 JOB RESTRUCTURING
Reasonable accommodation, 12.4(b)
INTERMITTENT LEAVE, 8.2(a), 9.1(b) Telework, 10.1(b)
INTERPRETERS. See HUMAN ASSISTANTS JOB SECURITY PROTECTIONS, 32
J JOB TRANSFER. See JOB REASSIGNMENT
JOB APPLICATIONS, 2.2 K
JOB CANDIDATES KEY EMPLOYEE DESIGNATION, 8.2(a)
Disabled persons, 22.1(b), 22.2(b), 22.4(b)
Medical examinations, 22.7(c)–22.7(e) L
Rights and responsibilities
Disability status inquiry, 22.1(b), 22.2(b), 22.4(b) LABOR MANAGEMENT RELATIONS ACT, 31
Essential functions inquiry, 22.3(b)
Medical examinations, 22.5(b), 22.7(b) LEAVE, INDEFINITE, 8.2(b)
Preemployment skills testing, 22.6(b)
Preoffer, 22.3(b) LEAVE, INTERMITTENT, 8.2(a), 9.1(b)
Reasonable accommodation, 22.7(b)
LEAVE, JOB PROTECTED. See JOB
JOB COACHES. See HUMAN ASSISTANTS PROTECTED LEAVE
JOB OFFERS LEAVE, REDUCED, 8.2(a), 9.1(b)
Conditional on medical examination, 22.7(a),
22.7(c)–22.7(e) LEAVE REQUEST, 8.2(b)
Essential functions inquiry, 22.7(c)–22.7(e)
LEGS, LOSS OF USE, 26.1
JOB PROTECTED LEAVE
Americans with Disabilities Act, Exhibit B LIGHT-DUTY WORK, 33.2
Employee's rights and responsibilities, 22.8(b),
22.9(b) LUMP SUM SETTLEMENTS, 28
M Workplace equipment, acquisition or modification
of, 14.1
MAJOR LIFE ACTIVITIES, 8.1(c)
MASSACHUSETTS MATERNITY LEAVE ACT,
MASSACHUSETTS COMMISSION AGAINST 8.3(a)
DISCRIMINATION Overview, Exhibit A
Handicapped persons, 8.1(c) Benefits, 8.3(a), Exhibit A
Human assistants, 14.1 Birth or adoption, 8.3(a)
Job reassignment, 12.4(c), 20.9(b) Covered employers and employees, Exhibit A
Reasonable accommodation, 12.1(b), 12.3(b) Employee entitlements, 8.3(a)
Twins, 8.3(a) Extent of coverage, 8.3(a)
Workplace equipment, acquisition or modification Family and Medical Leave Act of 1993, compared
of, 14.1 with, Exhibit A
Job protected leave, 8.3(a), 8.3(b), Exhibit A
MASSACHUSETTS FAIR EMPLOYMENT Medical leave, Exhibit A
PRACTICES ACT, 3 Personal leave, Exhibit A
Overview, Exhibit B Statutory leave entitlements, 7
Americans with Disabilities Act, compared with, 3, Termination of employment, 21
12.1(c), 12.3(c), 15.1(d), 32, Exhibit B Twins, 8.3(a)
Disability, 12.6(a) Vacation leave, Exhibit A
Definition of, 22.8(b)
Disabled persons, 7, 12.3(b), 12.4(a) MASSACHUSETTS MEDICAL LEAVE ACT,
Mitigating measures, 3 8.3(b), 8.3(c), Exhibit A
Discrimination, 14.3, 30
Drug users, 8.4(b) MASSACHUSETTS WORKERS'
Employee's rights and responsibilities, 22.8(b) COMPENSATION STATUTE
Employer's rights and obligations Overview, Exhibit B
Interactive process, 22.9(c)–22.9(e) Additional compensation, 26
Extent of coverage, 3 Americans with Disabilities Act, compared with,
Family and Medical Leave Act of 1993, compared 30, 32, Exhibit B
with, 22.8(d), 22.9(d), Exhibit B Benefits, 8.1(b), 33.1
Handicapped persons, 8.1(c) Benefits, termination or modification of, 33.2
Hiring, 21 Collective bargaining agreements, 27, 31
Human assistants, 14.1 Compensation benefits, 26, Exhibit B
Impairment, physical or mental, 8.1(c) Covered employers, 24
Job protected leave, Exhibit B Employee qualifications, 25
Job reassignment, 12.5(b), 12.7(b), 20.9(b) Family and Medical Leave Act of 1993, compared
Job security protections, 32 with, 12.1(c), 33, Exhibit B
Major life activities, 8.1(c) Handicapped/disabled qualifications, 8.1(d)
Massachusetts Workers' Compensation Statute, Light-duty work, 33.2
compared with, 30, Exhibit B Lump sum settlements, 28
Medical certification, 12.3(b) Massachusetts Fair Employment Practices Act,
Medical leave benefits, 8.1(b), Exhibit B compared with, 30, Exhibit B
Mental impairment, 12.8(a) Medical leave benefits, Exhibit B
Mitigating measures Medical services, compensation for, 26.2
Disabled persons and, 3 Partial disability, 25
Paralysis, 12.6(a) Personal injury, 25
Reasonable accommodation, 12.3(a), 12.4(a), Reasonable accommodation, 12.1(b)
12.5(a), 12.8(a), 22.8(b), 22.9(b), Exhibit B Reemployment, 27
Service requirement, 4 Statutory disability, 12.1(b)
Substantially limiting disability, 8.1(c), 12.3(a), Temporary disability, 8.1(d), 25
12.4(a), 12.5(a), 12.7(a), 22.8(b) Vocational rehabilitation, 26.3, Exhibit B
Telework, 10.1(b) Work related injuries, 7, 8.1(b), Exhibit B
Termination of employment, 21, 22.9(c)–22.9(e)
Undue hardship, 12.5(a) MATERNITY LEAVE. See ADOPTION; BIRTH;
Work related injuries, 8.1(b), 12.1(a) MASSACHUSETTS MATERNITY LEAVE ACT
MEDICAL CERTIFICATION PERSONAL LEAVE, Exhibit A
Family and Medical Leave Act of 1993, 8.1(a),
12.1(b), 12.3(b) PERSONALITY CONFLICTS, 20.1(b)
Massachusetts Fair Employment Practices Act,
12.3(b) PHYSICAL ACCOMMODATION
Serious health condition, 8.1(a), 12.1(b) AMERICANS WITH DISABILITIES ACT, 2.2
Employer's rights and obligations, 2.2
MEDICAL EXAMINATIONS Essential functions, 16
Confidentiality of, 22.7(c)–22.7(e) Hearing impairment, 17.4
Discrimination, 22.7(b) Human assistants, 17.2, 17.3
Hiring, 22.5(b), 22.7(b) Ramps, 17.2
Job offer contingent on, 22.7(a) Reasonable accommodation, 2.2, 16
Postoffer, 22.7(c)–22.7(e) Seating accessories, 17.1
Undue hardship, 16
MEDICAL INFORMATION Visual impairment, 17.3
Confidentiality of, 22.7(c)–22.7(e), 22.8(e) Wheelchair accessibility, 17.2
Permitted and necessary, 7, 8.2(b), 12.4(b),
12.5(b), 22.8(e) PHYSICAL IMPAIRMENT
Americans with Disabilities Act, 8.1(c)
MEDICAL LEAVE Hearing, 17.4
Americans with Disabilities Act, 8.2(b) Vision, 17.3, 26.1
Benefits, 12.1(a), 12.3(a), 12.6(a), Exhibits A, B Wheelchair accessibility, 17.1
Considerations, 8.2(a)
Family and Medical Leave Act of 1993, Exhibit A POST-TRAUMATIC STRESS DISORDER,
Intermittent leave, 8.2(a) 20.8(b)
Massachusetts Fair Employment Practices Act,
8.1(b) PREEMPLOYMENT SKILLS TESTING, 22.6(a)
Massachusetts Maternity Leave Act, Exhibit A Discrimination, 22.6(b)
Massachusetts Workers' Compensation Statute, Reasonable accommodation, 22.6(c)–22.6(e)
8.1(b) Reasonable accommodation inquiry, 22.6(a)
For minor issues, 8.1
Reduced leave schedule, 8.2(a) PREGNANCY. See also MASSACHUSETTS
Termination of employment, 21 MATERNITY LEAVE ACT
Family and Medical Leave Act of 1993, 8.3(a)
MEDICAL SERVICES Serious health condition, 8.3(a)
Massachusetts Workers' Compensation Statute,
26.2 Q
MENTAL IMPAIRMENT, 8.1(c), 12.8(a) QUALIFICATIONS, PROOF OF
Employee's rights and responsibilities, 15.1(b)
MITIGATING MEASURES
Americans with Disabilities Act, 12.3(a), 12.8(a) QUALIFIED READERS. See HUMAN
Disabled persons, 3, 12.8(a) ASSISTANTS
P R
PAID LEAVE BENEFITS, 33.1 RAMPS, 17.2
PARALYSIS, 12.6(a) REASONABLE ACCOMMODATION, 2.2, 12.8(b).
See also PHYSICAL ACCOMMODATION
PARTIAL DISABILITY, 25 Additional leave, 22.8(c)–22.8(e), 22.9(c)–22.9(e)
Alcoholism, 8.4(a)
PERSONAL INJURY. See MASSACHUSETTS Americans with Disabilities Act, 9.1(b), 12.4(a),
WORKERS' COMPENSATION STATUTE; 12.5(a), Exhibit B
WORK RELATED INJURIES Consideration of
Employer's rights and obligations, 22.10(c)– Lump sum settlements, 28
22.10(e) Massachusetts Workers' Compensation Statute,
Disabled persons, 12.5(a) 27
Discrimination, 14.3
EEOC, 9.1(b) REHABILITATED DRUG USER, 8.4(b)
Employee qualifications, 13, 14.2
Employee's rights and responsibilities, 22.8(b) RETALIATION, 20.7(b)
Employer's approach to, 14.5
Employer's rights and obligations, 2.2, 10.1(b), S
12.3(b), 12.4(b), 12.6(b), 12.8(b), 14.5, 15.4(c),
22.8(c)–22.8(e) SCARRING, 26.1
Equal benefits and privileges, 2.2, 8.1(b), 12.6(a)
Essential functions, 15.1(b)–15.1(c), 20.5(b) SCHEDULE ADJUSTMENTS, 12.8(c)
Ability to perform, 30
Essential functions, versus, 12.1(b), 14.3 SEATING ACCESSORIES, 17.1
Evaluation system, modification of, 20.6(b)
Failure to provide, 14.3, 14.4(b) SERIOUS HEALTH CONDITION. See also
Failure to receive, 22.10(b) SUBSTANTIALLY LIMITING DISABILITY
Failure to request, 15.5(b) Alcoholism, 8.4(b)
Family and Medical Leave Act of 1993, 12.6(b) Cancer treatment, 8.2(a), 12.7(a)
Fragrance- and chemical-free environment, 17.5 Definition of, 8.1(a)
Human assistants, 13, 14.1, 17.2, 17.3, 17.4 Employee's rights and responsibilities, 22.8(b),
Interactive process, 22.10(a) 22.9(b)
Job applications, 2.2 Essential functions, 12.3(a)
Job candidates, 22.7(b) Family and Medical Leave Act of 1993, 7, 8.1(a),
Job reassignment, 12.5(b), 12.7(d), 20.9(b) 12.1(a), 12.3(a), 12.4(a), 12.6(a), 12.7(a),
Job restructuring, 12.4(b) 12.8(a), 22.8(a), Exhibit A
Massachusetts Commission Against Intermittent leave, 9.1(b)
Discrimination, 12.1(b), 12.3(b) Medical certification, 8.1(a), 12.1(b)
Massachusetts Fair Employment Practices Act, Pregnancy, 8.3(a)
12.3(a), 12.4(a), 12.5(a), 12.8(a), Exhibit B Proof of, 4
Massachusetts Workers' Compensation Statute, Reduced leave schedule, 9.1(b)
12.1(b) Of self or family, 4
Personality conflicts, 20.1(b) Unpaid leave, 4
Physical accommodation, 2.2, 16
Postoffer inquiry, 22.7(a), 22.7(c)–22.7(e) SERVICE REQUIREMENT, 4
Preemployment skills testing, 22.6(a)
Request for, 15.1(b), 15.2(b), 15.3(a), 15.4(b), SETTLEMENTS, LUMP SUM, 28
15.5(b), 22.10(b)
Right to, 22.8(b), 22.9(b) SKILLS TESTING, PREEMPLOYMENT, 22.6(a)
Smoke-free environment, 17.6
Supervision, modification of, 19, 20.3(b) SMOKE-FREE ENVIRONMENT, 17.6
Telework, 10.1(b)
Undue hardship, 2.2, 9.1(b), 12.1(d), 12.5(a), 13, STATUTORY DISABILITY, 12.1(b)
14.4(a)
Unions, 20.6(b) STATUTORY LEAVE ENTITLEMENTS, 7
Unpaid leave, 7
Work schedule adjustments, 12.8(c) SUBSTANTIALLY LIMITING DISABILITY, 2.1,
Workplace equipment, acquisition or modification 22.9(e). See also SERIOUS HEALTH
of, 13 CONDITION
Americans with Disabilities Act, 8.1(c), 8.2(b),
REASSIGNMENT. See JOB REASSIGNMENT 12.5(a), 12.7(a)
Definition of, 22.8(b)
REDUCED LEAVE SCHEDULE, 8.2(a), 9.1(b) Cancer, 12.7(a)
EEOC regulations, 8.1(c)
REEMPLOYMENT
Massachusetts Fair Employment Practices Act, Massachusetts Fair Employment Practices Act,
8.1(c), 12.3(a), 12.4(a), 12.5(a), 12.7(a) 12.5(a)
Definition of, 22.8(b) Physical accommodation, 16
Proof of, 8.2(b), 14.4(a)
SUPERVISION, MODIFICATION OF, 20.8(b) Reasonable accommodation, 2.2, 9.1(b), 12.1(d),
Americans with Disabilities Act, 19, 20.3(b) 12.5(a), 13, 14.4(a)
Discrimination, 20.2(b)
Interactive process, 19 UNIONS, 20.6(b), 27, 31
Personality conflicts, 20.1(b)
Reasonable accommodation, 19, 20.3(b) UNPAID LEAVE, 4, 7
Retaliation, 20.7(b)
V
T
VACATION LEAVE
TELECOMMUTING, 10.1(b) Family and Medical Leave Act of 1993, 8.2(a)
Massachusetts Maternity Leave Act, Exhibit A
TELEWORK, 10.1(b) Maternity leave, 8.3(a)
TEMPORARY DISABILITY VISION, LOSS OR IMPAIRMENT OF, 26.1
Americans with Disabilities Act, 12.1(a)
Handicapped/disabled qualifications, 8.1(c) VISUAL IMPAIRMENT, 17.3
Massachusetts Workers' Compensation Statute,
8.1(d), 25 VOCATIONAL REHABILITATION, 26.3, Exhibit B
TERMINATION OF EMPLOYMENT W
Adoption, 21
After interactive process, 22.10(c)–22.10(e) WHEELCHAIR ACCESSIBILITY, 17.2
Americans with Disabilities Act, 21, 22.9(c)–
22.9(e) WORK RELATED INJURIES
Birth, 21 Family and Medical Leave Act of 1993, 33, Exhibit
Disabled persons, 21 B
Discrimination, 29 Handicapped/disabled qualifications, 8.1(d),
Employer's rights and obligations, 22.8(c)–22.8(e), 12.1(a)
22.9(c)–22.9(e) Massachusetts Fair Employment Practices Act,
Family and Medical Leave Act of 1993, 21, 8.1(b), 12.1(a)
22.9(c)–22.9(e) Massachusetts Workers' Compensation Statute, 7,
Family member, illness of, 21 8.1(b), Exhibit B
Massachusetts Fair Employment Practices Act,
21, 22.9(c)–22.9(e) WORK SCHEDULE ADJUSTMENTS, 12.8(c)
Massachusetts Maternity Leave Act, 21
Medical leave, 21 WORK STANDARDS
Alcoholism, 8.4(a)
TRANSFER. See JOB REASSIGNMENT Discrimination, 20.4(b)
Employer's rights and obligations, 15.4(c)
TWINS, 8.3(a) Essential functions, 14.2
U WORKERS' COMPENSATION. See
MASSACHUSETTS WORKERS'
UNDUE HARDSHIP COMPENSATION STATUTE
Americans with Disabilities Act, 12.5(a)
Definition of, 2.2, 14.4(a) WORKPLACE ENVIRONMENT
Employer's rights and obligations, 22.8(c)–22.8(e), Fragrance- and chemical- free, 17.5
22.10(c)–22.10(e) Modifications to See PHYSICAL
Factors considered, 2.2, 14.4(a) ACCOMMODATION
Family and Medical Leave Act of 1993, 9.1(b) Smoke-free, 17.6
WORKPLACE EQUIPMENT, ACQUISITION OR
MODIFICATION OF. See also PHYSICAL
ACCOMMODATION
Americans with Disabilities Act, 14.1
EEOC regulations, 14.1
Hearing impairment, 17.4
Massachusetts Commission Against
Discrimination, 14.1
Massachusetts Fair Employment Practices Act,
14.1
Reasonable accommodation, 13
Seating accessories, 17.1
Visual impairment, 17.3
Wheelchair accessibility, 17.2