Must there be a close, family relationship to a person with a disability to be protected by the ADA’s association provision?


Issue: One of your supervisors overhears an employee mention to a coworker that he tutors children at a local homeless shelter. The supervisor, recalling that the shelter in question is well-known for providing job placement assistance for people living with HIV/AIDS, fires the employee because she believes that your company’s image will be tarnished if its employees associate with the “kind of person” who contracts HIV/AIDS. Has the supervisor violated the ADA association provision?
Answer:    

Yes. Even if the employee is only minimally acquainted with beneficiaries of the shelter who have HIV/AIDS, the supervisor has violated the American with Disabilities Act’s association provision because she made an adverse employment decision based on concerns about the disabilities of people with whom the employee has an association.

In addition to protecting qualified applicants and employees with disabilities from employment discrimination, the “association” provision of the ADA protects applicants and employees from discrimination based on their relationship or association with an individual with a disability, whether or not the applicant of 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. The ADA does not require a family relationship for an individual to be protected by the association provision. The key is whether the employer is motivated by the individual’s relationship or association with a person who has a disability.


Source: EEOC fact sheet: “Questions and Answers about the Association Provision of the Americans with Disabilities Act,” reported in Employment Practices Guide, New Developments ¶5152.
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