Legal Question in Disability Law in Massachusetts

discrimination

A year round sports facility is telling me that they cannot accept my 7 year old son in a basketball clinic because he is epileptic. Is that legal?


Asked on 6/22/09, 4:32 pm

1 Answer from Attorneys

J. Whitfield Larrabee J. Whitfield Larrabee

Re: discrimination

This may very well be disability discrimination, depending on the nature of your son's condition. Assuming that your son could participate in the program without a likelihood of suffering serious injury, it seems unreasonable to exclude him from the clinic. The sports facility would likely qualify as a "public accomodation" that is prohibited from discriminating against the disabled or those who are perceived as being disabled. This sounds like a problem that could be quickly resolved since it might be costly to the facility if it refuses to comply with the request of you or your lawyer.

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Answered on 6/22/09, 5:14 pm


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