Associational Discrimination

Bloomberg BNA is out with a news story about a recent case filed in federal court in Georgia, which poses an interesting question:  does Title VII protect an employee on the basis of his or her spouse being a member of a different race from the employee?  Among the Circuit Courts of Appeals that have

An employee, not otherwise disabled, is fired because he takes time off to care for a disabled son.  Is the ADA violated?  An employee is fired because of the disability of her spouse, who is also an employee at the same company. Is the ADA violated? 

There are two related concepts here: (1) “Associational discrimination,” where

"Any employment discrimination problem — sexual harassment or anything else — can always be made worse and more injurious to the conduct of the employer’s business. Retaliation is guaranteed to do that. It never makes sense, it is never good for business, and it is always illegal."  This is from an EEOC lawyer quoted in our

An employee, not otherwise disabled, is fired because he takes time off to care for a disabled son. Is the ADA violated?

Yesterday we wrote about the concepts of “associational discrimination” and “family responsibilities discrimination,” in light of a new court decision that the ADA does not require employers to accommodate employees who do

The concepts of “associational discrimination” and “family responsibilities discrimination” have just met in a case arising out of Illinois.

Associational Discrimination

"Punishing someone because of who he or she associates with doesn’t pass the smell test” is a quote we used way back in March 2012 about “associational discrimination” — discrimination, usually retaliation, based upon

On January 25, 2011 we blogged we about a big new case on the issue of associational discrimination —   discrimination, usually retaliation, based upon relationships or associations. 

We just read an interesting article in today’s Business Management Daily which discussed a case where an employee claimed that he was discriminated against based upon his wife’s race and national origin.