What protections are afforded on the basis of association?

What protections are afforded on the basis of "association?"

In addition to protecting qualified applicants and employees with disabilities from employment discrimination, one provision of the Americans with Disabilities Act (ADA)--the "association" provision--protects applicants and employees from discrimination based on their known relationship or association with an individual with a disability, whether or not the applicant or employee has a disability. The purpose of the association provision is to prevent employers from taking adverse actions based on unfounded stereotypes and assumptions about individuals who associate with people who have disabilities.

Here are some examples of employment actions that are unlawful under the ADA's association provision:

  • Terminating an employee who volunteers at a homeless shelter with a high population of people living with HIV/AIDS because the employer believes its image will be tarnished if its employees associate with the "kind of person" who contracts HIV/AIDS.
  • Rejecting a part-time employee's application for full-time work because both the employee's mother and sister had breast cancer, which the employer fears the employee will also acquire and which will prevent her from reliably working the hours required of a full-time position.
  • Refusing to hire an individual who has a child with a disability based on an assumption that the applicant will be away from work excessively or be otherwise unreliable.
  • Refusing to hire an applicant based on the increased health insurance costs that will be caused by his wife's disability.
  • Telling an employee who has a child with Downs Syndrome that the child is not welcome at an annual holiday party for employees' children.
  • Denying an employee's request for unpaid leave to assist her mother with a disability while granting another employee's request for unpaid leave to attend a father-son camp with his son.

Reprinted with permission. © CCH

<p>What protections are afforded on the basis of "association?" In addition to protecting qualified applicants and employees with disabilities from employment discrimination, one provision of the Americans with Disabilities Act (ADA)--the "association" provision</p>

Please Login

You are currently not logged in. Please login for full content.

Email Address*
Password*
  

Or click here to sign up today!

As a registered user, you get member's only access to these valuable resources and more:

  • 742 forms and checklists for everything from the objectives of a benefits program to facilitating an employee’s return to work after an injury
  • 1,820 state law documents to keep you updated on laws that govern your business
  • 1,400 Q&A's for all your HR queries
  • Up-to-the-minute HR news, trends and information
  • Timely case studies and whitepapers
  • Monthly Newsletter

Registration is quick and easy, so take advantage of all HRTools has to offer and sign up today!