The Equal Employment Opportunity Commission (EEOC) has recently filed a lawsuit against a private school, citing a less well-known element of the Americans with Disabilities Act (ADA). This raises crucial considerations for employers as the ADA also safeguards employees and job applicants who have a connection with an individual with a disability.
This case, concerning a teacher claiming she was offered a less appealing position due to her daughter’s disability, brings to the surface the issue of ‘associational discrimination’. The EEOC is now advocating on her behalf. Here is a distillation of some of the main points for companies to consider when navigating the somewhat intricate paths of association-based bias.
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Familiarizing yourself with the requirement of the ADA: The ADA obliges employers to afford equal opportunity to individuals ‘associated’ with a person with a disability, in addition to those individuals with a disability themselves. This refers to the situation where an employer discriminates against an employee or job applicant due to their relationship with a disabled person. This stipulation, however, does not require the employer to provide reasonable accommodations for the associated individual as it does for the disabled employee.
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Broad understanding of ‘association’: The term ‘associated’ is all-encompassing. It may refer to someone who has a known relationship or association with an individual who has a disability. This could mean a family member, but equally it could point to others outside of a familial connection.
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‘Associational discrimination’ is not just relative to employment decisions: While in this case the discrimination was linked to an employment relation, association discrimination in broader terms could apply to any adverse action by an employer that hinges on an employee’s association with someone disabled.
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The EEOC is investing in tackling this: The EEOC has listed ’emerging and developing issues’ as one of its six enforcement priorities in its Strategic Enforcement Plan for 2017-2021, thus raising the stakes for employers to be aware of all the complexities within the ADA and similar acts.
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Advisable steps: Employers should reevaluate their existing policies and training to ensure discrimination of any kind is not taking place, including association-based discrimination. Recognizing this form of bias and training staff appropriately is crucial in preventing such instances.
This lawsuit serves as a potent reminder to all employers about the true breadth of the ADA, and the importance of staying informed to counter inappropriate treatment based on an employee’s association with a person with a disability. For more detailed information about this case, visit JD Supra.