Page 35 - BusinessWest January 8, 2024

BusinessWest
<< LAW >> JANUARY 8, 2024 35
associational-discrimination provision was intended to prohibit,” said Rosemarie Rhodes, EEOC’s Baltimore Field Office director. On Dec. 15, the EEOC announced that the matter had been settled for just over $85,000 by the private school, with the school to pay $50,858 in back pay, $4,428 in interest on the back pay, and $30,000 in non-wage damages.
This settlement brings associational-discrimination enforcement into the limelight and presents more scenari- os for employers to look out for and train their employees on for the new year.
Associational Discrimination and the ADA
Associational discrimination based on another’s dis- ability requires “that (1) the employee was qualified for the job at the time of the adverse employment action, (2) that the employee was subjected to an adverse employ- ment action, (3) that the employer knew at the time of the adverse employment action that the employee had a rela- tive or associate with a disability, and (4) that the adverse employment action occurred under circumstances raising a reasonable inference that the disability of the relative or associate was a determining factor in the employer’s deci- sion” (Carey v. AB Car Rental Servs. Inc.).
The EEOC, in its announcement, stated that the school was aware of the teacher’s daughter’s disability and that it decided to not renew the teacher’s contract because it assumed (without investigation, or even asking the teacher) that her daughter’s disability, coupled with the COVID-19 pandemic, would undermine the teacher’s focus and commitment to her job. The school instead decided to renew the contracts of other teachers who had less experience and tenure than the teacher whose daughter had a disability.
In its complaint, the EEOC pleaded the requirements
of an associational-discrimination claim based on disabil- ity through the circumstances described in its announce- ment. The teacher performed her job satisfactorily, according to the EEOC, making her qualified for the job at the time the private school refused to renew her con- tract. In order to not be qualified for her job, the school would have had to demonstrate the teacher had perfor- mance deficiencies or otherwise could not perform the essential functions of her job.
Further, the private school subjected the teacher to an adverse employment action by not renewing her employ- ment contract. An adverse employment action can be any action by an employer that takes away a benefit of an employee’s employment, e.g. taking away a company car, suspension from employment, termination, etc.
Finally, the EEOC pleaded that the private school knew of the teacher’s daughter’s disability and allegedly specifically cited that reason for not renewing the teach- er’s contract, making for the reasonable inference that the teacher’s daughter’s disability was a determining factor in its decision. As such, the EEOC met its burden for plead- ing its case of associational discrimination based on dis- ability, which most likely prompted the private school to settle the claims.
Pitfalls of Associational Discrimination
As shown by the EEOC’s enforcement action, associ- ational-discrimination claims are actionable claims that can cost employers a substantial amount of money. The pitfalls of these claims are that they are not the easiest to catch. For example, it is comparatively easier to catch when there is direct discrimination (e.g. a racial remark, comment against a disability) than to read into the sub- text of a conversation that is deprecating to an associate of an employee who is part of a protected class.
“An employer cannot discriminate against an employee or applicant because of that person’s association with someone with a disability. This
is what is called ‘associational discrimination.’”
Experience Matters. Experience Skoler Abbott.
For almost 60 years, businesses across Massachusetts have relied on Skoler Abbott’s experience in all areas of labor and employment law, including:
v Legalcompliancereviews,opinionsandadvice
v Zealousdefenseandadvocacyingovernment investigations, administrative proceedings and litigation
v Laborrelationsdisputes,arbitrationsand collective bargaining
v Staff and supervisor training on wage/hour laws, leave management, harassment, etc.
Put our experience to work for you.
One Monarch Place Springfield, MA 01144 P 413.737.4753 SKOLER-ABBOTT.COM