Is an employer in violation of the Americans with Disabilities Act if they do not hire an employee with a disabled spouse because of the increase in health insurance costs?

Yes, the employer violates the ADA’s association provision if it decides not to hire an employee based on the increased health insurance costs that will be caused by his spouse’s disability. The association provision of the ADA prohibits employment discrimination against a person, whether or not he or she has a disability, because of his or her known relationship or association with a person with a known disability. This means that an employer is prohibited from making adverse employment decisions based on unfounded concerns about the known disability of a family member or anyone else with whom the applicant or employee has a relationship or association.

Posted by Sheri R. Abrams, Attorney at Law, www.sheriabrams.com

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