The Company You Keep: Associational Discrimination

Law360, New York (October 22, 2008, 12:00 AM EDT) -- “Associational discrimination” claims – which involve employee allegations of an adverse employment action because of the employee’s relationship with a member of a protected class – appear to be on the rise.

While the statutory language of the Americans with Disabilities Act (“ADA”) explicitly prohibits discrimination based on an employee’s relationship with a disabled person (and which the recently enacted Genetic Information Nondiscrimination Act, H.R. 493, prohibits by implication), and while courts have long afforded protection under Title VII because of an employee’s relationship with a...
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