An appeals court rules that an employer can be held liable under the Americans with Disabilities Act if it fires a non-disabled worker because of the disability of a relative.
Share to linkedinFor a while, truck operator John Kelleher seemed to be a modern-day Job, the Old Testament man who suffered injustice on a scale of biblical proportions.
Kelleher asked Cook if he could work regular 8-hour shifts so he could care for his daughter. Company officials told Kelleher that “his problems at home were not the company’s problems” and he was expected to remain on site for up to four hours for “possible” emergency” work. The final straw for Cook apparently was on April 16 when Kelleher arrived at work 10- to 15-minutes late. Kelleher was told to go home and then Cook failed to return Kelleher’s calls. A month later, Kelleher received a letter notifying him he was fired.
Even if Cook was not required to provide Kelleher with a reasonable accommodation, the panel writes, “an employer’s reaction to such a request for accommodation can support an inference that a subsequent adverse employment action was motivated by associational discrimination.”
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