know, the ADA provides that no covered entity shall discriminate
against a qualified individual with a disability. 42 U.S.C.
The term “discriminate” includes “excluding or otherwise denying
jobs or benefits to a qualified individual because of the known
disability of an individual with whom the qualified person is
have a relationship or association.” 42 U.S.C. 12112(b)(4). This
known as “association discrimination,” and to make out a claim,
employee must demonstrate that they were (1) qualified for the
(2) subject to an adverse employment action, (3) known by her
“to have a relative or associate with a disability, and (4) the
employment occurred under circumstances raising a reasonable
that the disability of the relative or associate was a
factor in the employer’s decision.” Abdel-Khalek v. Ernst &
97 Civ. 4514, 1999 U.S. Dist. LEXIS 2369, *10 (S.D.N.Y. Mar. 5,
(denying summary judgment on association discrimination claims
plaintiff alleged that defendant refused to hire her because her
daughter suffered from serious medical problems). See also
Jewish Theol. Seminary of Am., 93 Fair Empl. Prac. Cas. (BNA)
(S.D.N.Y. 2004). While there is no concomitant claim under New
State Executive Law, see Abdel-Khalek, 1999 U.S. Dist. LEXIS
*26, the New York City Administrative Code does include a cause
action for association discrimination. See id. at *28; N.Y.C.
Code § 8-107(20) (noting that “the provisions of this section
as unlawful discriminatory practices shall be construed to
discrimination against a person because of the actual or
perceived . . .
disability . . . of a person with whom such person has a known
relationship or association”).