Reprinted from the January 15, 2006 issue of MANAGER’S LEGAL BULLETIN, a widely read employment law newsletter that communicates legal guidelines to managers through real-life dialogue and concrete examples. Click here to view a sample issue, get more information or sign up for a risk-free subscription.

Another ADA Catch To Consider

It’s well-known that the Americans with Disabilities Act (ADA) covers individuals without disabilities, if they are regarded as disabled or have a past history of disability. But there’s another catch. Less-well-known is the other group of people who can be in perfect health, but who may also qualify for ADA protection: those who have a relationship or association with an individual with a disability. Here are common ways managers can violate the ADA’s association provision.

Scenario #1: Manager Nadine Albright overheard an employee mention that he volunteers at a local homeless shelter, which provides job placement assistance for people with HIV/AIDS. Albright terminates him because she believes that the company’s image will be tarnished if its employees associate with the “kind of person” who contracts HIV/AIDS.

What the EEOC says: The ADA does not require a family relationship for an individual to be protected by the association provision.

Manager’s mistake: Albright made an adverse decision based on a stereotype about people with HIV/AIDS.

Scenario #2: Shortly after Tania Shooley gave birth to a child with Down Syndrome, her manager decides to streamline operations and eliminate her job. He terminates Shooley and does not consider her for a newly created position, even though she is qualified.

What the EEOC says: You may not terminate or refuse to hire someone due to his/her known association.

Manager’s mistake: He created an inference of discrimination because the timing of the termination coincided with the birth of the baby. That, plus evidence that Shooley had been a stellar performer and was a viable candidate for the new position, is why an appeals court reinstated Shooley’s claims.

Scenario #3: Tiffany Glick, a part-time salesperson, applied for a full-time position.  The hiring manager rejects Glick’s application because, having heard from her current supervisor that Glick’s mother and sister had breast cancer, he concludes that Glick is likely to suffer the same condition and would be unable to reliably work the hours required of a full-time salesperson. 

What the EEOC says: You may not deny an employee a promotion or other opportunities for advancement due to an association.  In addition, managers must not deny an employee benefits and privileges of employment, e.g., health care benefits, involvement in company-sponsored events, because of an association.

Manager’s mistake: This manager acted on an unfounded fear.

Scenario 4: Manager Tad Malone was concerned that employee Holt Knierman would not be able to satisfy the demands of his job due to his need to care for his wife, who has a disability.  Malone sets unrealistic time frames for projects assigned to Knierman; yells at him in front of co-workers; and requires him to follow procedures that other employees are not required to follow.  Malone also tells Knierman that his co-workers do not think he can be counted on to complete his share of the work “considering all of his wife’s medical problems.”  

What the EEOC says: Individuals may not be harassed by managers or co-workers because of their association with a person with a disability.

Manager’s mistake: Even if Knierman were actually having performance problems, Malone’s actions would not be completely acceptable. And in this situation, his actions are illegal.

Scenario #5: Manager April Dugan turns down Callie Colbert’s request for a week of unpaid leave to care for her mother with a disability; she does grant Diego Mansueto’s request for unpaid time off to attend father-son camp with his son.

What the EEOC says: While only qualified individuals with disabilities are entitled to reasonable accommodation, an employer must avoid treating an employee differently than other employees because of his/her association with a person with a disability.

Manager’s mistake: That is exactly what Dugan did here — she granted unpaid leave for Mansueto’s family reason, but refused to grant Colbert’s request for time off to assist her mother with a disability.

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