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Association Provision of the Americans with Disabilities Act

The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability. The ADA further prohibits employment discrimination against a person because of his or her know relationship or association with a person with a known disability. This means that the employer is prohibited from making adverse employment decisions based on unfounded concerns about the known disability of a family member or anyone else with whom the applicant or the employee has a relationship or association.

An employer cannot terminate or refuse to hire someone due to that person's association with a disabled individual. Any employer cannot deny an employee who is associated with a disabled person a promotion or other opportunities for advancement due to that association. An employer cannot deny an employee's health insurance because she is associated with a disabled person. An employer cannot harass an employee because the employee has a relationship with a disabled individual.

The ADA does not require an employer to provide a reasonable accommodation to a person without a disability due to that person's association with a disabled person. However, an employer cannot treat an employee differently than other employees because of his association with a person with a disability. For example, an employer cannot deny leave to an employee who needs to care for a disabled child but grant leave for another employee who wants to attend an out-of-state family reunion.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.