Strategic HR Lawyer

The EEOC issued this press statement today as part of it's observance of Disability Awareness Month.  It discusses a provision of the Americans With Disabilities Act which protects those individuals who are associated with a disabled person.  The press release notes that the  following actions would likely be discriminatory under the law:

• firing or refusing to hire someone based on concerns that the individual will acquire a condition from a family member or other individual with whom he has a relationship;
• refusing to provide health insurance for an employee's family member with a disability when the employer generally provides health insurance for employee dependents;
• harassing someone based on the individual's association with a person with a disability;
• providing lesser benefits to someone who has a relationship or association with an individual with a disability than it provides to all other employees; and
• firing, refusing to hire, or denying any benefit or privilege of employment to someone because of concern that the employer's image will be negatively affected by an applicant's or employee's association with individuals with disabilities - for example, discriminating against an employee who provides volunteer services for people with HIV/AIDS or psychiatric disabilities is prohibited.

It is surprising to me how many don't know about this provision.  In fact, in one HR Management text book I reviewed (no names please...) the section on employment law omitted this provision in its discussion of the ADA - Yikes!  For the full text of the EEOC statement, which is written in a "Question and Answer" format, go here.