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ANTI EMPLOYMENT MASSACHUSETTS COURT RULES THAT YOU MUST ‘ACCOMMODATE’ EMPLOYEES WITH ADD

15-Jul-2021

HR pros know they have to be open to accommodating individuals with disabilities under the ADA. But does the same apply to those with ADD or ADHD?According to a recent decision by the Massachusetts Commission Against Discrimination(MCAD), a state agency with the power to resolve cases of discrimination, the answer appears to be “yes.”Peter Joyce, Jr. filed a complaint with MCAD, claiming his employer, CSX Transportation,failed to give him an accommodation to help him use a computer device needed for his job. He claimed he had difficulty mastering the device because he suffers from ADD/ADHD.

Joyce requested additional training on the device, which was never provided. He was later disciplined for submitting a request for excessive overtime, which he claimed was necessary in order for him to complete tasks on the device given his disability.He then filed the complaint.The result? The MCAD ruled in favor of Joyce and awarded him nearly $225,000 in lost pay and $100,000 in emotional distress damages.Needless to say, this is patently insane. That an employer should be forced to accommodate someone who cannot do their job, instead of simply firing them, is ridiculous.In a normal world, if you do not deliver, then you do not receive. It is that simple. There is no‘right’ to a job, you have no ‘right’ to other people’s money. Now, however, we have decided that those have money are for some ephemeral reason required to simply hand over their hard won earnings to those who do nothing for it.This is what modern society fails to understand, what they so obviously fail to have any comprehension of. The underlying truth that divides between the academic and the reality.

The essence of money.Blood.Yes, blood.When a person works hard, when he invests his whole self, his very being, in earning a few coins, coins that he can now use to get what to eat, for himself and for his children; coins that can be used to build a better future for those children, that can be used in any which way imaginable, but have so many priorities.Those coins, that money, they contain his blood. His life blood. For that is what he invested in acquiring them.

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