Caring for someone with disabilities shouldn’t jeopardize your employment. If your employer starts questioning your commitment to work or takes another adverse action because of that relationship, you may be dealing with caregiver discrimination. The Americans with Disabilities Act (ADA) can protect employees from this type of treatment, although those protections have limits.

Key Takeaways

• Employers cannot discriminate against an employee because of the employee’s association or relationship with a disabled person.
• Employers can still take disciplinary or termination measures for poor performance.
• Associated discrimination claims need evidence to show a connection between the relationship and the employer’s discriminatory action.

What Is Associational Disability Discrimination?

The Americans with Disabilities Act (ADA) has much broader protections than what many people realize. The ADA prohibits an employer from denying employment opportunities or benefits to a qualified individual because of the known disability of someone with whom that individual has a relationship or association. That association isn’t limited to a spouse or immediate family member. The language is broader than protecting employees with disabled relatives.

Under 42 U.S.C. § 12112(b)(4), the protected individual is the employee. The person with a disability is the associated person. The employee may not have any disabilities themselves. They are discriminated against simply because they are associated with or have a connection to someone with a disability.

What Types of Associational Discrimination Does the ADA Prohibit?

Associated discrimination can take many different forms. All forms of caregiver discrimination are prohibited by the ADA. An employer cannot discriminate because it expects the employee's association with a disabled person to increase health insurance or other benefit costs. The important element is the employer’s motives behind their actions. Employers cannot make assumptions about an employee because of another person’s disability. Associated disability discrimination is also prohibited when the employer assumes or believes that the employee will be distracted or unable to perform their job purely because they care for someone with a disability.

What Must an Employee Prove?

To bring a successful associated disability discrimination claim for caregiver discrimination, an employee must prove the required elements:

1. The employee was qualified for the position.
2. The employee suffered an adverse employment action.
3. The employer knew they had a relationship or association with a person with a disability.
4. The circumstances support a reasonable inference that the other person's disability was a determining factor in the employment decision.

It’s not enough to just have a disabled family member. The employee needs to connect their association with the disabled individual with the employer’s discrimination.

Can Your Employer Fire You Because You Need to Care for Someone With a Disability?

While an employer cannot fire someone for associating with a disabled person, the ADA balances its protections with an employer’s ability to do business. The ADA generally doesn’t require an employer to provide a reasonable accommodation to a nondisabled employee simply because the employee is caring for a disabled person. Additionally, an employee's performance problems do not automatically become an ADA violation merely because those problems were caused by caring for a disabled spouse or family member.

What If Your Employer Says Your Performance Is the Problem?

Employers can still take legitimate disciplinary or termination action against an employee based on their actual performance problems. Anti-discrimination laws do not protect employees from the consequences of poor performance. However, employers cannot use this reasoning to cover up their discriminatory actions.

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Does It Matter Who the Person With the Disability Is?

ADA protections for caregiver discrimination are not limited to associated family members. The statute’s language protects an employee from discrimination based on a "relationship or association." However, the nature and closeness of the relationship can matter to the facts of a particular case.

What Should You Do If You Believe You Were Discriminated Against?

You need to have more than a belief or suspicions to have a viable case. Associated discrimination cases are heavily reliant on the facts. Having evidence to validate your claims is essential. As soon as you believe your employer has acted questionably, start making a record. Save a copy of your relevant emails, texts, and any other communication with your employer. Keep all official documents given to you by your employer, including performance reviews, disciplinary write-ups, and termination paperwork. If you have verbal interactions with management or HR, write down who you spoke with and what was said as soon as possible.

It’s helpful to have a documented record of when your employer discovered your association with a disabled individual. Then, you can establish how your employer’s treatment changed after that point.

Talk to an Employment Lawyer About Your Situation

Your ability to do your job and the fact that you care for someone with disabilities are separate facts. Your employer could be in violation of the ADA if they treat you differently because of your association with someone with disabilities. Figuring out whether an employer crossed that line, however, depends on the facts and the reason behind the employment decision. If you believe your treatment at work changed because of someone else's disability, Lalak LLC can review what happened and explain whether you may have a case. Schedule a consultation to discuss your situation and potential claim for caregiver discrimination.