Employment Update
EEOC Clarifies Association Provision of the Americans with Disabilities Act
A new publication from the EEOC clarifies that the association provision of the ADA prohibits an employer from discriminating against an applicant or employee who has a known association with an individual with a disability. The provision covers firing, hiring, and other terms and conditions associated with employment.
Examples:
- Firing or refusing to hire someone based on concerns that the individual will acquire a condition from a family member or other individual with whom he has a relationship
- Refusing to provide health insurance for an employee's family member with a disability when the employer generally provides health insurance for employee dependents
- Harassing an employee based on the individual's association with a person with a disability
- Providing lesser benefits to someone who has a relationship or association with an individual with a disability than the benefits provided to all other employees
- Firing, refusing to hire or denying any benefit or privilege of employment to someone because of concern that the employer's image will be negatively affected by an applicants' or employee's association with individuals with disabilities
EEOC Implements Plan to Enhance Agency Presence
The U.S. Equal Employment Opportunity Commission (EEOC) began implementing a plan on Jan. 1, 2006 to reposition the Commission's field structure to enhance the agency's enforcement presence, improve customer service and public access, and increase efficiency. Under the plan, no jobs will be lost, no offices will close, and two new offices will be opened, in Las Vegas and Mobile, Ala. The plan reduces the number of managers and administrators and increases front-line staff doing investigations, mediations and litigation - delivering a more streamlined and efficient structure with greater customer service and more public accessibility.
Source: Equal Employment Opportunity Commission
