Federal and California law prohibit discriminating against an employee because that person has a relationship with a family member suffering from a disability. More specifically, the Americans with Disabilities Act (42 USC § 12112(b)(4)) and the California Fair Employment and Housing Act (Government Code §§ 12926(m) and 12940(a)) bar such practices.
To prove associational disability discrimination in at least some situations, a plaintiff must show that (1) she was qualified for the job, (2) she was the victim of an adverse action, (3) the employer knew at the time of the adverse action that the plaintiff had a relative with a disability, and (4) the adverse action was taken either because the relative’s disabilities resulted in expense to the employer or because the employee is inattentive at work but not so inattentive that he needs an accommodation (e.g., being allowed to work shorter hours). See, e.g., Larimer v. IBM, 370 F.3d 698, 700-
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9301 Wilshire Blvd, Suite 609
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Employment Attorney • Business Trial Lawyer
The Cowan Law Firm
Phone: (310) 394-
Fax: (310) 394-
9301 Wilshire Blvd.
Beverly Hills, CA 90210
2425 Olympic Blvd, Suite 4000 W
Santa Monica CA 90404