What is associational disability discrimination?
Your employer cannot discriminate against you because of your association with someone with a disability.
Even if you don’t have a disability, a loved one may now or in the future. Learn now how you may be protected in the future because, now more than ever, we all understand that life is unpredictable.
You may have a family member who becomes disabled, perhaps your spouse becomes ill, a parent suffers from a disease or a recent fall, or your child has a disability.
California created a law that prohibits associational disability discrimination to prevent discrimination against people who are so closely associated with a disabled person that they themselves are essentially disabled for purposes of protection against discrimination in the workplace.
What does the law say about associational disability discrimination?
It’s illegal. Discrimination based on an employee’s association with a person who is (or is perceived to be) disabled is unlawful pursuant to the California Fair Employment and Housing Act.
YOU CANNOT BE FIRED, DEMOTED, OR OTHERWISE SUFFER AN ADVERSE PERSONNEL ACTION ON ACCOUNT OF YOUR ASSOCIATION WITH SOMEONE WITH A DISABILITY.
Which employees are covered?
The Act covers employees of employers with 5 or more employees.
What does associational disability discrimination look like?
California courts have found associational disability discrimination in a variety of contexts. It may occur when:
Expense - The employer fears expenses it may incur because of the disability of the person with whom the employee associates.
Eg. Your spouse has a disability that is costly to your employer because your spouse is covered by your employer’s health plan.
Disability by Association - The employer fears the employee might acquire or develop that other person’s disability.
Eg. Your blood relative has a disabling ailment that has a genetic component and you’re likely to develop the disability too (maybe you have an identical twin).
Distraction
Eg. You are somewhat inattentive at work because your spouse or your child has a disability that requires your attention, yet not so inattentive that you would need an accommodation in order to perform your job to your employer’s satisfaction.
Other bases
Eg. Upon hire, an employee told his boss that he intended to take a leave of absence to donate a kidney to his sister in the next three months. He requested a paid leave of absence under a new statute requiring his employer to provide him paid leave. Just two days before the new statute took effect, he was terminated.
Eg. An employee has a disabled son who needs him to administer dialysis daily, but his boss started scheduling him for a later shift. He requests an earlier shift that was readily available. He refused to work a shift because of his need to care for his son. Although the employer’s policies allowed for less severe disciplinary action for a one-time refusal to work an assigned shift, his boss fired him.
Eg. An employee had to regularly assist in the care of his disabled father who suffered a debilitating stroke. His job performance was excellent, but he periodically did not report to work by 9:00 a.m. His employer knew of his father’s disability and the reason for his tardies. He asked for a change in hours under the employer’s “flex time” policy, but was denied. His employer terminated him after he arrived late one day.
You may be eligible for intermittent leave.
If you do need some time off to help care for a family member’s serious medical condition, you could be eligible for intermittent leave. Maybe you just need one hour a day, a full or partial day here or there, or a part-time schedule for a little bit, to care for a loved one’s serious medical condition. You may be eligible for a total of 12 weeks in a 12-month period of intermittent leave.
Failure to accommodate and engage in this interactive process:
Courts have also confirmed that California requires employers to work with employees who need accommodations based on their association with a person with a disability.
For example, if you need to be in close proximity to a loved one with a disability and you request to work from home, your employer may be required to engage in the interactive process to determine whether to grant this request.
Learn more about the accommodating a disability and the interactive process here.
DISCLAIMER: this information is general in nature and does not constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed.