Limitations of the ADA: Family Members

Posted by on Sep 11, 2012

A receptionist for an Illinois church recently lost the appeal for her case which alleged associational discrimination.  The woman has a mentally challenged daughter that lives in an assisted living facility, except on weekends when the woman takes her daughter home.  The church told her that she would have to start working weekends, stating it was “non-negotiable,” but she refused. Then she was late to a meeting after her daughter had a medical emergency.  As such, the church’s warnings that her quality of work had been slipping were just a pretext to fire her because she was taking care of her handicapped daughter.  Her appeal was denied, as while the Americans with Disabilities Act has been monumental in providing protections for employees, it does not extend those same protections to their family-member caregivers