Many statutes that prohibit discrimination on the basis of disability also prohibit discrimination because of a person’s relationship or association with a person with a disability. For example, an employer would engage in an unlawful employment practice under one of these statutes if they terminate or otherwise take adverse action against an employee because a member of the employee’s family has a covered disability. The federal Americans with Disabilities Act (ADA) expressly prohibits this sort of “associational discrimination.” See 42 U.S.C. § 12112(b)(4). The New Jersey Law Against Discrimination (NJLAD) does not specifically mention associational discrimination, but courts have found that it is included in the statute’s prohibition on discrimination based on disability and other factors. In June 2019, the New Jersey Appellate Division ruled that an individual who resides in Illinois can assert a claim for associational discrimination under the NJLAD against his New Jersey-based former employer. If you have a workplace dispute, a New Jersey employment lawyer can help make sense of state and federal laws that could have an impact on your case.
According to the Equal Employment Opportunity Commission (EEOC), the ADA takes a broad view of associations and relationships. It is not limited to close family members like spouses, children, or parents. The EEOC offers a hypothetical example of an individual who “tutors children at a local homeless shelter” that “is well-known for providing job placement assistance for people living with HIV/AIDS.” ADA regulations identify HIV as a covered disability. See 29 C.F.R. § 1630.2(j)(3)(iii). If that individual’s employer terminates them because of that activity, the EEOC says that they would be in violation of the ADA. The “association” in this example is minimal when compared to many familial relationships.
The defendant in the case described above is based in New Jersey. It hired the plaintiff in 2008 to work as a vice president at the office of a subsidiary in Illinois. The employment agreement included choice of law clauses identifying New Jersey as the governing law and venue for disputes. The plaintiff’s wife was diagnosed with breast cancer that same year. It went into remission but returned in 2014. The defendant was aware of her condition. The plaintiff alleges that, in 2016, the defendant denied him an opportunity for a promotion and then terminated him.