Kelleher v. Fred A. Cook, Inc.
939 F.3d 465 (2d Cir. 2019)
United States Court of Appeals, Second Circuit · September 24, 2019
What the court decided
The ADA forbids discrimination because of a disability of someone the employee is associated with, such as a child. It "does not require an employer to provide a reasonable accommodation to the nondisabled associate of a disabled person," but "an employer's reaction to such a request for accommodation can support an inference that a subsequent adverse employment action was motivated by associational discrimination." A father whose daughter has Rett syndrome was told that "his problems at home were not the company's problems," demoted after missing a day for her hospitalization, and fired weeks later.
Who won
The father won this round. The Second Circuit vacated the dismissal of his complaint and sent the case back.
Why it matters for workers with a medical condition
The ADA will not require your employer to change your schedule so you can care for a family member. But it does forbid firing you because of that family member's disability, and what your employer says when you ask for help can be evidence.
Key passage: 939 F.3d at 467–70.
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