Under the ADA, employees who associate with disabled individuals can’t be discriminated against. You can’t, for example, refuse to hire a mother who has a disabled child solely because of her association with that child.
But that doesn’t mean you are obligated to accommodate any schedule needs, provide additional time off or otherwise accommodate the employee so she can care for the disabled child.
Recent case: Crystal worked in accounting for a mallcompany. She claimed she sometimes worked as many as 60 hours per week. Because she has two disabled children, she sought a reduced schedule that would allow her to work just 32.5 to 35 hours per week. Her supervisor rejected her request and she continued to work her old hours.
Then the company lost its contract to manage the mall and terminated all its employees.
That’s when Crystal sued, alleging, among other claims, that she had been denied reasonable accommodations to care for her disabled children. She said this amounted to discrimination based on her association with the disabled, in violation of the ADA.
The court disagreed. It noted that the ADA does prohibit association discrimination. But it also said that this doesn’t mean the employer has to offer reasonable accommodations. Accommodations are only due disabled individuals, not those who may care for disabled relatives. (Sarvak v. DDR Corp, et al., No. 1:10-CV-942, SD OH, 2012)
Final note: Of course, if the employee is eligible for, you must provide time off for her to care for disabled children (provided they have disabilities that amount to serious health conditions and are under age 18). leave may be due for adult children, but only if they are incapable of caring for themselves.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/33498/ada-accommodations-for-caregivers "
- Philadelphia law firm faces sex discrimination suit
- Dealership heads to court in male/Male harassment case
- Sex harassment investigator sued for giving bum advice
- N.Y. court refuses to apply Ledbetter Act to pay disparities because of missed promotions
- Simple hearsay about harassment doesn't create hostile environment