Watch out for a growing litigation danger known as association discrimination. More courts are allowing ADA lawsuits to move forward based on suspicion that an employee who has a disabled family member was punished because he might miss work in the future.
Until recently, such claims were rare and seldom got to trial. That’s changing.
Recent case: Vincent worked as a general manager for a carpet company. He worked long hours, typically from 6:30 a.m. until 5:00 p.m. He spent his time in the field, managing projects and subcontractors.
Vincent had health problems, including plaque psoriasis. Most of the time, medication controlled the condition. Usually, the only outward sign of his illness was skin that was red, flaky and itchy. Other times, George had large, visible sores and could not maintain his body temperature, requiring him to wear a coat all the time. Sometimes, however, the condition flared up, requiring hospitaliza...(register to read more)