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“The only thing necessary for these diseases to the triumph is for good people and governments to do nothing.”


   


 

As you know, the ADA provides that no covered entity shall discriminate
against a qualified individual with a disability. 42 U.S.C. 12112(a).
The term “discriminate” includes “excluding or otherwise denying equal
jobs or benefits to a qualified individual because of the known
disability of an individual with whom the qualified person is known to
have a relationship or association.” 42 U.S.C. 12112(b)(4). This is
known as “association discrimination,” and to make out a claim, an
employee must demonstrate that they were (1) qualified for the position,
(2) subject to an adverse employment action, (3) known by her employer
“to have a relative or associate with a disability, and (4) the adverse
employment occurred under circumstances raising a reasonable inference
that the disability of the relative or associate was a determining
factor in the employer’s decision.” Abdel-Khalek v. Ernst & Young LLP,
97 Civ. 4514, 1999 U.S. Dist. LEXIS 2369, *10 (S.D.N.Y. Mar. 5, 1999)
(denying summary judgment on association discrimination claims where
plaintiff alleged that defendant refused to hire her because her
daughter suffered from serious medical problems). See also Tabachnik v.
Jewish Theol. Seminary of Am., 93 Fair Empl. Prac. Cas. (BNA) 810
(S.D.N.Y. 2004). While there is no concomitant claim under New York
State Executive Law, see Abdel-Khalek, 1999 U.S. Dist. LEXIS 2369, at
*26, the New York City Administrative Code does include a cause of
action for association discrimination. See id. at *28; N.Y.C. Admin.
Code § 8-107(20) (noting that “the provisions of this section set forth
as unlawful discriminatory practices shall be construed to prohibit such
discrimination against a person because of the actual or perceived . . .
disability . . . of a person with whom such person has a known
relationship or association”).