On September 16, 2013, the Massachusetts Commission Against Discrimination (“MCAD”) issued a decision holding that an employer was not required to allow excessive absenteeism as an accommodation to a diabetic employee.  The case, MCAD v. Affiliated Professional Services is discussed below.

What You Need To Know.  While an employer needs to provide a reasonable accommodation to an employee with a disability, an employee still needs to come to work often enough to perform his or her job.  Unlimited sick time is not a reasonable accommodation and will not be required by the MCAD.  In addition, an employer does not have to accommodate a disability that disrupts the workforce.

An employee of Affiliated Professional Services (“APS”) suffered from diabetes. Unfortunately, the employee’s diabetes was almost uncontrolled and the employee suffered from frequent bouts of hypoglycemia and loss of consciousness. Continue reading →