Adverse Employment Actions Based on Associational Disability Discrimination

The Americans with Disabilities Act (ADA) protects people with disabilities from discrimination in the workplace. But did you know that it also protects people who are associated with someone who is disabled? This means that if you have a friend or family member with a disability, you cannot be discriminated against at work because of it. However, the Florida Civil Rights Act (FCRA) does not have the same protection. It’s important to know your rights and how they differ between the ADA and FCRA when it comes to associational disability discrimination. The Americans with Disabilities Act (ADA) makes it illegal for employers to discriminate against someone because of their relationship with a person who has a disability. This includes denying them equal job opportunities or benefits. If someone thinks they have been discriminated against in this way, they can file a lawsuit. There are different types of claims, including ones based on increased medical expenses for the employer, fear of developing a disability, or being distracted at work. To win a case, the person making the claim needs to show that they were treated unfairly because of their relationship with a person who has a disability. The ADA does not require employers to make accommodations for the disabilities of an employee’s family member or associate. The law only requires accommodations for employees with disabilities themselves. This is often a point of argument in legal cases when employees claim discrimination based on their family member’s disability. To prove associational disability discrimination in the workplace, a person has to show their employer treated them differently because of their relationship with someone who has a disability. If an employee is fired or treated unfairly because they needed time off to care for a disabled relative, they may have a case. However, the Florida Civil Rights Act (FCRA) does not specifically protect against this type of discrimination, unlike the Americans with Disabilities Act (ADA). Courts in Florida have ruled that the FCRA does not cover associational disability discrimination, so employees in Florida may need to look for protection under other laws, like the Family and Medical Leave Act (FMLA). In simple terms, the Americans with Disabilities Act (ADA) protects against discrimination based on someone’s association with a person with a disability. However, the ADA does not guarantee accommodations for employees who need to care for their loved ones. Florida’s laws also do not specifically protect against discrimination based on association with a person with a disability. This means that if someone in Florida wants to be protected from this type of discrimination, the law would have to be changed to specifically include it. This is important because some courts in other states have reached different conclusions about whether their laws protect against association claims. Overall, the ADA provides important protections, but there are still gaps in the law that need to be addressed. This information discusses different court cases and legal tests related to discrimination. One case says that advocating for disabled patients is not enough to claim discrimination, while another talks about direct evidence of discriminatory intent. The Den Hartog test is also mentioned, which is used to determine if discrimination has occurred. Overall, the information is about how discrimination is proven in court. In Pulczinski v. Trinity Structural Towers, Inc., the court ruled in favor of the employer because the employee didn’t provide enough evidence to show that they were discriminated against. The court also said that an employer can discipline or fire an employee if their disabled family member poses a threat to the workplace. So, if you’re thinking about suing your employer for discrimination, you need to have strong evidence to prove it. In a court case called Larimer, it was decided that an employer can’t discriminate against a non-disabled employee just because they have a disabled family member. But in another case called Stansberry, they said that there could be other reasons for discrimination, not just the ones listed in Larimer. For example, an employer can’t give fewer benefits to an employee just because their family member has a disability. This is part of the law called the association provision. Reasonable accommodation means making changes to a job application process or the work environment so that a qualified person with a disability can apply for a job or do their job. This can include things like making the workplace accessible, changing work schedules, or providing equipment. Employers only have to provide reasonable accommodation for employees with disabilities, not for their family members. Some court cases have ruled that employers don’t have to accommodate an employee’s need to care for a disabled family member, like a child. This means that if an employee can’t meet the attendance requirements of their job because of their family member’s disability, they may not be protected by the law. However, there are some laws and regulations that protect employees in certain situations, so it’s important to know your rights if you’re in this situation. Employees may be eligible for FMLA leave if they have worked for their employer for at least a year and have worked a certain number of hours. There are also specific rules for discrimination based on disabilities in Florida, which are similar to federal laws. Certain state laws may or may not protect people from discrimination based on their association with a disabled person. For example, a case in Washington held that the state law did not protect able-bodied people who are associated with a disabled person, while a case in Massachusetts ruled that the state law did protect against such discrimination. Some states have specific laws that protect against association discrimination, similar to the Americans with Disabilities Act. Alicia H. Koepke is a lawyer at a firm in Tampa who focuses on employment and business law. This article was written on behalf of the Labor and Employment Law Section.

Source: https://www.floridabar.org/the-florida-bar-journal/adverse-employment-actions-based-on-associational-disability-discrimination/