*The U.S. Equal Employment Opportunity Commission*

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# Questions and Answers About the Association Provisionof the Americans with Disabilities Act

## Notice Concerning The Americans With Disabilities Act Amendments Act Of 2008

list of specific changes to the ADA

The Americans withDisabilities Act (ADA) is a federal law that prohibits discrimination on thebasis of disability.� Title I of the ADA makes it unlawful for any employer with15 or more employees (including a state or local government employer) todiscriminate against a qualified applicant or employee because of a disabilityin any aspect of employment.� In addition to protecting qualified applicantsand employees with disabilities from employment discrimination, one ADA provision � the "association" provision -- protects applicants and employees from discriminationbased on their **relationship or association** with an individual with adisability, whether or not the applicant or employee has a disability.[1]�

The purpose of theassociation provision is to prevent employers from taking adverse actions basedon unfounded stereotypes and assumptions about individuals who associate withpeople who have disabilities.� Thus, it makes unlawful actions such as refusingto hire an individual who has a child with a disability based on an assumptionthat the applicant will be away from work excessively or be otherwiseunreliable, firing an employee who works with people who are HIV-positive orhave AIDS based on the assumption that the employee will contract the disease, ordenying an employee health care coverage available to others because of thedisability of an employee's dependent.� This document explains the requirementsof the ADA's association provision and provides examples of how it applies tothese and other employment situations.

1.� What is theassociation provision of the ADA and to whom does it provide protection?

The association provision ofthe ADA prohibits employment discrimination against a person, whether or not heor she has a disability, because of his or her known relationship orassociation with a person with a known disability.� This means that an employeris prohibited from making adverse employment decisions based on unfoundedconcerns about the known disability of a family member or anyone else with whomthe applicant or employee has a relationship or association.

2.� How close does theassociation or relationship with a person with a disability have to be for an individualto be protected by the association provision?

The ADA does not require afamily relationship for an individual to be protected by the associationprovision.� The key is whether the employer is motivated by the individual's relationshipor association with a person who has a disability. 

**ExampleA:**� �An employer overhears anemployee mention to a co-worker that he tutors children at a local homelessshelter.� The employer, recalling that the shelter in question is well-knownfor providing job placement assistance for people living with HIV/AIDS, terminatesthe employee because it believes that its image will be tarnished if itsemployees associate with the "kind of person" who contracts HIV/AIDS. �Theemployer has violated the ADA's association provision even if the employee isonly minimally acquainted with beneficiaries of the shelter who have HIV/AIDS, becauseit made an adverse employment decision based on concerns about the disabilitiesof people with whom the employee has an association. 

3.� What types of employerconduct does the association provision prohibit? 

- An employer may not     terminate or refuse to hire someone due to that person's known association     with an individual with a disability. **ExampleB:�**An employer is interviewingapplicants for a computer programmer position.�� The employer determines thatone of the applicants, Arnold, is the best qualified, but is reluctant to offerhim the position because Arnold disclosed during the interview that he has achild with a disability.� The employer violates the ADA if it refuses to hire Arnold based on its belief that his need to care for his child will have a negative impacton his work attendance or performance.  **ExampleC**:�� A restaurant owner discoversthat the chef's boyfriend is HIV-positive.� The owner, fearing that theemployee will contract the disease and transmit it to the customers throughfood, terminates the employee.� This is a violation of the ADA's associationprovision.[2]�� 
- An employer may not deny an     employee who has an association with a person with a disability a     promotion or other opportunities for advancement due to that association.�      **ExampleD**:�� Tiffany, a part-time salespersonat a large appliance store, applies for a full-time position.� The managerhiring for the position rejects Tiffany's application because, having heardthat Tiffany's mother and sister had breast cancer, he concludes that Tiffanyis likely to acquire the same condition and be unable to reliably work the hoursrequired of a full-time salesperson.� This is a violation of the associationprovision of the ADA.�  
- An employer may not make     any other adverse employment decision about an applicant or employee due     to that person's association with a person with a disability. **ExampleE:�**The president of a small companylearns that his administrative assistant, Sandra, has a son with anintellectual disability.� The president is uncomfortable around people withthis type of disability and decides to transfer Sandra to a position in whichhe will have less contact with her to avoid any discussions about, orinteractions with, Sandra's son.�� He transfers her to a vacant entry-levelposition in the mailroom which pays less than Sandra's present position, butwill allow him to avoid interacting with her.� This is a violation of the ADA's association provision.  
- An employer may not deny an     employee health care coverage available to others because of the     disability of someone with whom the employee has a relationship or association.�      **ExampleF:�**An employer who provides healthinsurance to the dependents of its employees learns that Jaime, an applicantfor a management position, has a spouse with a disability.� The employerdetermines that providing insurance to Jaime's spouse will lead to increasedhealth insurance costs.� The employer violates the ADA if it decides not tohire Jaime based on the increased health insurance costs that will be caused byhis wife's disability.�   **ExampleG:�**In the previous example, it wouldalso violate the ADA for the employer to offer Jaime the position without thebenefit of health insurance for his dependents.� The employer may not reducethe level of health insurance benefits it offers Jaime because his wife has adisability; nor may it subject Jaime to different terms or conditions ofinsurance. 
- An employer may not deny an     employee any other benefits or privileges of employment that are available     to others because of the disability of someone with whom the employee has     a relationship or association.�  **ExampleH**: ��A company has an annual holidayparty for the children of its employees.� The company president learns that oneof its newly hired employees, Ruth, has a daughter with Down Syndrome.� Worriedthat Ruth's daughter will frighten the other children or make peopleuncomfortable, he tells Ruth that she may not bring her daughter to the party.�Ruth has been denied the benefits and privileges of employment available toother employees due to her association with a person with a disability.�  
- An employer may not subject     someone to harassment based on that person's association with a person     with a disability.� An employer must also ensure that other employees do     not harass the individual based on this association. **ExampleI**:�� �Martin and his supervisor,Adam, have had an excellent working relationship, but Adam's behavior towardMartin has changed since Adam learned that Martin's wife has a severedisability.� Although Martin has always been a good performer, Adam repeatedlyexpresses his concern that Martin will not be able to satisfy the demands ofhis job due to his need to care for his wife.� Adam has begun to setunrealistic time frames for projects assigned to Martin and yells at Martin infront of co-workers about the need to meet approaching deadlines.� Adam alsorecently began requiring Martin to follow company policies that other employeesare not required to follow, such as requesting leave at least a week inadvance.� Adam has removed Martin from team projects, stating that Martin'sco-workers do not think that Martin can be counted on to complete his share ofthe work "considering all of his wife's medical problems."� Though Martin hascomplained several times to upper management about Adam's behavior, theemployer does nothing.� The employer is liable for harassment on the basis ofMartin's association with an individual with a disability.  

4.� Does the ADA require an employer to provide a reasonable accommodation to a person without adisability due to that person's association with someone with a disability?

No.� Only qualifiedapplicants and employees with disabilities are entitled to reasonableaccommodation.[3]�For example, the ADA would not require an employer to modify its leave policyfor an employee who needs time off to care for a child with a disability.[4]�However, an employer must avoid treating an employee differently than otheremployees because of his or her association with a person with a disability. 

**ExampleJ**:� Kyung, an employee at an accountingfirm, requests a week of unpaid leave and is told by her supervisor that therewill be no difficulty in granting the leave.� Kyung then mentions that she willbe using the leave to care for her mother with a disability, who is coming intotown for medical treatments.� The supervisor denies the leave request, tellingKyung that the firm's leave policy is not intended to cover this type ofsituation and that she should hire someone to look after her mother. �A fewdays later, the supervisor approves Diego's request for a week of unpaid leaveto attend a father-son camp with his son.� If the firm grants requests forunpaid leave for certain personal or family reasons, it is a violation of the ADA's association provision to deny Kyung's request because she wishes to use the time toassist her mother with a disability. �

**ExampleK**:� A law firm permits its attorneys touse 100 hours of administrative leave a year to provide pro bono legalservices.� One attorney, Sylvia, wants to use these hours to work with anon-profit organization that provides legal and other services to individualswith psychiatric disabilities.� The law firm denies her request because it doesnot believe that this type of work will reflect well on its image.� If the firmallows attorneys to use administrative leave to provide pro bono legalservices, it is a violation of the association provision of the ADA to deny Sylvia's request because she wishes to use the time to assist individuals withdisabilities.

5.� Does an employer haveto provide health insurance coverage to employees who have dependents withdisabilities beyond that provided to other employees?

No. As noted above, the ADA requires employers to provide employees with dependents who have disabilities equalaccess to whatever health insurance coverage is offered to other employees. �Anemployer is not required to provide *additional* health insurance coverageunder the ADA.

**ExampleL**:� �A state employer's healthinsurance plan will only pay for a certain number of days of inpatient care foremployees' dependents each year.� An employee informs the employer that hiswife's disability will require more time in the hospital than the plan covers.�The ADA does not require the employer to provide additional health insurancecoverage to meet the wife's needs.� A health insurance plan provision thatlimits the number of days of inpatient care for employee dependents affectsindividuals with many kinds of conditions, only some of which aredisabilities.� Consequently, the limitation is not a disability-baseddistinction and would not violate the ADA.[5]

If, however, the employer'shealth insurance plan has terms or provisions which make disability-baseddistinctions (e.g., provisions that single out specific disabilities, groups ofdisabilities or disability generally), the plan itself may violate the ADA unlessan employer can demonstrate that the plan provision is not a subterfuge toevade the purposes of the ADA.[6]�

## LEGAL ENFORCEMENT

Any person whobelieves that his or her employment rights have been violated on the basis of anassociation with a person with a disability and wants to make a claim againstan employer must file a "charge of discrimination" with the EEOC.  Thecharge must be filed by mail or in person with the local EEOC office within 180days from the date of the alleged violation.  The 180-day filing deadlineis extended to 300 days if a state or local anti-discrimination law also coversthe charge.

The EEOC will notifythe employer of the charge and may ask for responses and supportinginformation.  Before a formal investigation, the EEOC may select the chargefor EEOC's mediation program, which may prevent a time-consuming investigationof the charge.  Participation in mediation is free, voluntary, andconfidential.

If mediation isunsuccessful, the EEOC investigates the charge to determine if there is"reasonable cause" to believe discrimination has occurred.  Ifreasonable cause is found, the EEOC will then try to resolve the charge. In some cases, where the charge cannot be resolved, the EEOC will file a courtaction.  If the EEOC finds no discrimination, or if an attempt to resolvethe charge fails and the EEOC decides not to file suit, it will issue a noticeof a "right to sue," which gives the charging party 90 days to file acourt action.  A charging party also can request a notice of a "rightto sue" from the EEOC 180 days after the charge first was filed with theEEOC and may then bring suit within 90 days after receiving the notice. For a detailed description of the process, visit our website at http://www.eeoc.gov/charge/overview_charge_filing.html. For issues relating to federal employment, please refer to our website at http://www.eeoc.gov/facts/fs-fed.html.

### Retaliation

The ADA prohibitsretaliation by an employer against someone who opposes discriminatoryemployment practices, files a charge of employment discrimination, or testifiesor participates in any way in an investigation, proceeding, orlitigation.  Persons who believe that they have been retaliated againstmay file a charge of retaliation with the EEOC as described above.

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[1]�See 42 U.S.C. � 12112(b)(4).� Section 501 of theRehabilitation Act provides the same protections for federal governmentemployees and applicants.� In addition, most states have their own lawsprohibiting employment discrimination on the basis of disability.� Some ofthese state laws may apply to smaller employers and provide protections inaddition to those available under the ADA.

[2]According to the Department of Health and Human Services, HIV/AIDS is **not** a diseasethat can be transmitted through food handling.� See Listof Infectious and Communicable Diseases which are Transmitted through the FoodSupply at 69 Fed. Reg. 59237(October 4, 2004).� For a discussion of actions an employer may take incompliance with the ADA when an applicant or employee may have a diseasetransmissible through food handling, see EEOC's How to Comply with theAmericans with Disabilities Act:� A Guide for Restaurants and Other FoodService Employers, questions 6-11, available at http://www.eeoc.gov/facts/restaurant_guide.html.

[3] A reasonable accommodation is any work-relatedmodification that will permit an employee or prospective employee with a disabilityto participate in the job application process, to perform the essentialfunctions of a job, or to partake in the same benefits and privileges ofemployment enjoyed by employees without disabilities.� See EEOC Guidance onReasonable Accommodation and Undue Hardship under the Americans withDisabilities Act (as revised October 17, 2002) at www.eeoc.gov/policy/docs/accommodation.htmlfor more information about reasonable accommodation.

[4]�Note, however, that an employee who needs leaveto care for a spouse, child, or parent may be entitled to leave under theFamily and Medical Leave Act (FMLA).� The FMLA, which covers private employerswith 50 or more employees and state and local government employers, provides upto 12 workweeks of unpaid leave during any 12-month period to care for a spouse,child, or parent with a serious health condition.� The U.S. Department of Laborenforces the FMLA.� For more information, go to www.dol.gov/esa/whd/fmla/.

[5]��See Interim Enforcement Guidance on theApplication of the Americans with Disabilities Act of 1990 toDisability-Related Distinctions in Employer Provided Health Insurance (InterimEnforcement Guidance) at www.eeoc.gov/policy/docs/health.htmlfor more information on this issue.

[6] Id.

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*this page was last modified on October 17, 2005.*

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