Recent Court Decisions Highlight the ADA’s “Association” Provision

January 15, 2012 0 COMMENTS

By Susan W. Kline

In addition to prohibiting discrimination against qualified employees and applicants with disabilities, the Americans with Disabilities Act (ADA) prohibits employment discrimination against someone, regardless of whether he has a disability, because of his known relationship or association with a disabled person. The disabled person with whom the employee or applicant is associated need not be a family member for the protection to apply. The focus is on whether the employer treated the applicant or employee worse than others based on his relationship or association with a disabled person. Several recent court decisions involving “association” claims under the ADA illustrate how these protections operate.

Three Types of Claims

The Seventh U.S. Circuit Court of Appeals, which has jurisdiction over Indiana, Illinois, and Wisconsin, has defined three distinct types of association discrimination claims under the ADA. read more…

A Look at America’s Disabled Population as the ADA Turns 21

July 17, 2011 0 COMMENTS

July 26 will mark the 21st anniversary of the signing of the Americans with Disabilities Act, which guarantees equal opportunity for people with disabilities in public accommodations, commercial facilities, employment, transportation, state and local government services, and telecommunications. Here are some statistics about disabled Americans from the U.S. Census Bureau:

  • There are 36 million disabled Americans, representing 12 percent of the civilian noninstitutionalized population.

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