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Total Articles: 3

Supervisor’s alleged remark regarding sick child precludes dismissal of ADA associational claim.

To establish a claim of “associational discrimination” under the Americans with Disabilities Act (ADA), a plaintiff must demonstrate that she was discriminated against by her employer because of her relationship with a disabled person.

Jury awards damages to employee forced to care for teenaged son suffering from cancer.

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 relationship or association with an individual with a disability, whether or not the applicant or employee has a disability.

Non-impaired employee may be able to bring a claim under the ADA's "associational disability" provision.

In an issue of first impression for the court, the 6th U.S. Circuit Court of Appeals has upheld the dismissal of an individual’s claim under the “associational discrimination” provision of the Americans with Disabilities Act. Stansberry v. Air Wisconsin Airlines Corp., 6th Cir., No. 09-2499, July 6, 2011. In that case, an employee claimed that he was fired from his position shortly after his wife’s medical condition - of which the company had been aware for years - worsened, leading him to believe that her condition was the basis of his termination.
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