A recent federal court decision highlights employer obligations under Massachusetts disability discrimination law, especially regarding employee treatment after medical leave.
In Thomas v. Liv Group Inc., et al., the U.S. District Court for the District of Massachusetts ruled that a former project manager could proceed with his disability discrimination lawsuit after alleging a pattern of demeaning treatment and wrongful termination following his return to work after a heart attack. The court also allowed claims for retaliation and unpaid wages, while dismissing an age discrimination claim.
Background: Harassment After Medical Leave
Plaintiff Jeffrey Thomas, a Massachusetts-based employee of Texas-based Liv Group, suffered a major heart attack in early 2021. After a brief leave for surgery and recovery, he resumed his duties—initially remotely, then in person. Upon returning, Thomas alleges that company owner Shawn Valk made inappropriate and degrading remarks about his health. These included repeatedly calling him “the patient,” questioning whether medical appointments were more important than job duties, and commenting that the company needed “someone with less miles on them.”
Thomas also claims Valk shared his medical condition with coworkers without permission and criticized him for needing physical breaks. Later that year, Thomas was excluded from company events, locked out of his email, and told not to return to the worksite. He was eventually terminated, without receiving the bonus he expected for completing a significant project under budget.
Disability Discrimination Claim Advances
The court found direct evidence of disability bias, citing Valk’s repeated comments and behavior as sufficient to survive a motion to dismiss. Judge Margaret R. Guzman emphasized that, as a supervisor controlling Thomas’ employment, Valk could be held personally liable under Massachusetts General Laws Chapter 151B, the state’s anti-discrimination law.
“Plaintiff has plausibly alleged multiple statements that Defendant Valk himself made that constitute, at least, a highly probable inference of disability discrimination,” Guzman wrote.
The court also allowed Thomas’ retaliation claim to proceed, finding he sufficiently alleged mistreatment for requesting reasonable accommodations related to his heart condition.
Lessons for Employers
This case reminds employers that:
- Disability-related comments, even if informal, can serve as direct evidence of bias.
- Supervisors and managers can face individual liability under Massachusetts employment law.
- Employers must respond promptly and appropriately to requests for accommodations.
- Inconsistent treatment of employees, especially in disciplinary matters, can support discrimination or retaliation claims.
Conclusion
The Thomas v. Liv Group ruling underscores the importance of fostering a respectful, compliant workplace, especially for employees returning from medical leave. Employers must avoid overt discriminatory acts and ensure fair, consistent treatment in all employment decisions.
If you are an employee facing workplace mistreatment or an employer wanting to ensure compliance with Massachusetts employment law, contact us for a free consultation.
