What is the Association Provision of the Americans with Disabilities Act?

The Americans with Disabilities Act (ADA) protects employees from discrimination because of a disability.  This federal law applies to employers with 15 or more employees.  In addition to the ADA’s protections against discrimination based on an employee’s personal disability, it also has a section known as the “association provision” that protects employees from discrimination based on their relationship or association with another individual with a disability.  While the ADA does not require that the individual be a family member, these claims most often arise based on the disability of a family member. Under this provision:

• An employer cannot fire you
• Refuse to promote you
• Deny you any other employee benefit because of your association with someone with a disability. 

For example, if your employer provides health insurance to all employees, they cannot refuse to provide you with health insurance because they find out that your spouse has cancer.  Your employer must treat you the same as it treats other employees, regardless of the disability. 

Does my employer have to provide me with a reasonable accommodation because of my relationship with someone with a disability?

The short answer is no.  Unlike a situation where an employee personally has a disability,

• An employer is not required under the ADA to provide an employee with a reasonable accommodation because that employee’s spouse or child has a disability. 
• The employer is not required by the ADA to provide an employee with leave because of the employee’s relationship with someone who has a disability. 

However, an employer cannot implement its leave policy in a discriminatory way.

For example, if an employee requests days off of work to care for a family member who has a disability, the employer must treat that request as it would treat any other request for days off of work.

*Unlike the ADA, the Family and Medical Leave Act (FMLA) does require certain employers to provide up to twelve weeks of leave for an employee to care for a family member who suffers from a medical condition.

What do you do if you are experiencing discrimination based on your relationship with someone who has a disability?

As with other forms of discrimination, it is important to make a complaint when you believe you are suffering from discriminatory treatment.  If you are being harassed or denied leave because of your association or relationship with someone who has a disability, you must complain.  When you make a complaint about discriminatory treatment, the ADA protects you from retaliation by your employer.  You have the right to complain internally to your employer’s HR department, or you can complain to the Texas Workforce Commission, Civil Rights Division, or EEOC.  Talking to an experienced employment attorney either before or after making a complaint of discrimination can give you a better understanding of your rights.