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Introduction
Most people know that title I of the Americans with Disabilities Act (ADA) prohibits employers from discriminating against qualified applicants and employees with disabilities and requires employers to provide reasonable accommodations for those applicants and employees as well. However, not as many people are aware that the ADA also prohibits discrimination against some employees even though they do not have disabilities. This part of the ADA is called the “Association Provision.”
What is the ADA’s Association Provision?
According to the Equal Employment Opportunity Commission (EEOC), 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. The ADA does not require a family relationship for an individual to be protected by the Association Provision. The key is whether the employer is motivated by the individual's relationship or association with a person who has a disability.
The EEOC provides the following examples of actions that violate the Association Provision:
Refusing to hire an individual who has a child with a disability based on an assumption that the applicant will be away from work excessively or be otherwise unreliable.
Firing an employee who works with people who are HIV-positive or have AIDS based on the assumption that the employee will contract the disease.
Denying an employee health care coverage available to others because of the disability of an employee's dependent.
Do employers have to provide a reasonable accommodation to an employee without a disability due to that person's association with someone with a disability?
No. Only qualified applicants and employees with disabilities are entitled to reasonable accommodation. For example, the ADA would not require an employer to modify its leave policy for an employee who needs time off to care for a child with a disability. However, an employer must avoid treating an employee differently than other employees because of his or her association with a person with a disability. This means, for example, that if an employer grants leave to other similarly situated employees for care of family members without disabilities then it would be discriminatory not to grant an employee the same to care for her disabled family member. In other words, employers must give the same benefits and privileges of employment to all employees, but they do not have to give more to employees who have family members with disabilities.
- For more information, see: Questions and Answers about the Association Provision of the ADA.
Situations and Solutions:
The following situations and solutions are real-life examples of accommodations that were made by JAN customers. Because accommodations are made on a case-by-case basis, these examples may not be effective for every workplace but give you an idea about the types of accommodations that are possible.
An employer allows employees to take up to two weeks of unpaid leave per year.
One employee requests a week of unpaid leave to care for her mother with a disability. Her supervisor denies the request, stating that the unpaid leave policy is not intended to cover this type of situation. A few days later, the supervisor allows another employee to take a week of unpaid leave for a father-son camp with his son. If the employer grants requests for unpaid leave for certain personal or family reasons, it is a likely a violation of the ADA's association provision to deny leave that is needed to care for a family member with a disability.
An employer who provides health insurance to the dependents of its employees learns that an applicant has a spouse with a disability.
The employer determines that providing insurance to the applicant’s spouse will increase health insurance costs so decides not to hire the applicant. This is likely a violation of the ADA’s association provision.
An employer decides which job applicant is the best qualified for the job opening.
However, the employer does not offer him the position because he has a child with a disability and the employer is concerned that the applicant will miss too much work because of the child. This is likely a violation of the ADA’s association provision.
A restaurant owner discovers that the chef's boyfriend is HIV-positive.
Because of fear that the employee will get the disease, the owner terminates the employee. This is likely a violation of the ADA's association provision.
A part-time office worker applies for a full-time position.
She is not hired because the employer knows that the office worker’s mother and sister had breast cancer and is concerned that the office worker will also get breast cancer and not be able to come to work reliably. This is likely a violation of the ADA’s association provision.
JAN Publications & Articles regarding Association with a Person with a Disability
Publications
Consultants' Corner Articles
Articles
Blog Posts
- No Blog Posts available for Association with a Person with a Disability
Events Regarding Association with a Person with a Disability
- Upcoming Events
- Past Recorded Module
- Past In-person Training
- Past Exhibit Booths
- Past Webcast Series Training
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ADA & Workplace Accommodations - Episode #44May 5, 2022
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The ADA and Workplace Accommodation for Employees with Voice DisordersJanuary 31, 2024
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Low-Key AT: Less-Obvious Options for Entry-Level WorkersMarch 16, 2022
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Accessibility as a Key to InclusionJuly 25, 2022
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Transition and Workplace Accessibility: What’s New in 2023?February 2, 2023
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Together Again: AT for Travel and Inclusive EventsFebruary 3, 2023
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2023 CSUNMarch 17, 2023
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ATIA 2024 ConferenceJanuary 25, 2024
Presenters:
- Teresa Goddard , Lead Consultant – Assistive Technology Services
Presentations
Presenters:
- Teresa Goddard , Lead Consultant – Assistive Technology Services
Presentations
Presenters:
- Teresa Goddard , Lead Consultant – Assistive Technology Services
Presenters:
- Teresa Goddard , Lead Consultant – Assistive Technology Services
- Lisa Mathess , Principal Consultant, ADA Specialist
Presenters:
- Teresa Goddard , Lead Consultant – Assistive Technology Services
- Lisa Mathess , Principal Consultant, ADA Specialist
Presentations
Presenters:
- Teresa Goddard, Lead Consultant, Assistive Technology Services
- Lisa Mathess, Principal Consultant, ADA Specialist
Presentations
Accommodating Educational Professionals: Meeting Workplace Needs with AT
Friday 1-2pm
Grand Ballroom 7B
Session Code: TWA-05
Back on Track with the Interactive Process: When Accommodations Go Off the Rails
Friday 4:30-5:30
Magnolia 2
Session Code: TWA-02
Transition and Workplace Accessibility: What’s New in 2024?
Thursday 4:30-5:30
Magnolia 2
Session Code: TWA-08
Presenters:
- Teresa Goddard, Lead Consultant, Assistive Technology Services
- Lisa Mathess, Principal Consultant, ADA Specialist
Presentations
Accommodating Educational Professionals: Meeting Workplace Needs with AT
Friday 1-2pm
Grand Ballroom 7B
Session Code: TWA-05
Back on Track with the Interactive Process: When Accommodations Go Off the Rails
Friday 4:30-5:30
Magnolia 2
Session Code: TWA-02
Transition and Workplace Accessibility: What’s New in 2024?
Thursday 4:30-5:30
Magnolia 2
Session Code: TWA-08
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Q&A with the Cog/Psych Team: Challenging Mental Health ScenariosMay 11, 2021
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Accessibility & Accommodations: How Employers & HR Professionals Can Prepare for Emerging Tech in the WorkplaceMay 20, 2021
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Accommodating Public Safety Workers with DisabilitiesJune 8, 2021
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ADA UpdateJuly 13, 2021
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AT Update: What’s new in 2021August 10, 2021
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Ask JAN! Expert Q&AOctober 14, 2021
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Return to Work After COVID-19 – Focus on Mental Health and Cognitive LimitationsNovember 18, 2021
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Accommodation Solutions for Autoimmune DisordersDecember 9, 2021
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Next-Level Accommodation and ADA ChallengesJanuary 13, 2022
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ADA and Accommodation Lessons Learned: Stay at Work/Return to Work EditionFebruary 10, 2022
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Ergonomics for TeleworkersMarch 1, 2022
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Accommodation Solutions for Executive Functioning DeficitsMarch 17, 2022
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Accommodation Solutions for Gastrointestinal DisordersApril 14, 2022
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Accommodation and ADA Considerations: Reproductive Disorders and PregnancyMay 12, 2022
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Personal Use or Reasonable Accommodation: What’s What?June 9, 2022
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ADA UpdateJuly 14, 2022
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AT Update 2022August 11, 2022
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Accommodation Solutions for Sleep DisordersSeptember 22, 2022
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Building a Disability-Inclusive OrganizationOctober 13, 2022
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Providing Reasonable Accommodations to Veterans with DisabilitiesNovember 10, 2022
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Ask JAN! Q&AJanuary 12, 2023
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Supports and Services: Accommodations with a HeartbeatFebruary 9, 2023
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What You Should Know About the Impact of Long COVID in the WorkplaceMarch 9, 2023
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Accommodation Solutions for Neurodivergent WorkersApril 13, 2023
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Accommodation Solutions for Fine Motor LimitationsMay 11, 2023
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What to Do When Performance and Conduct Factor Into the Accommodation EquationJune 8, 2023
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ADA Update 2023July 13, 2023
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Assistive Technology (AT) Update: What’s New in 2023August 10, 2023
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Accommodation Solutions: Substance Use DisorderSeptember 14, 2023
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The Way I See It: Accommodation Process Perspectives from Different Points of ViewOctober 12, 2023
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Accommodation Solutions: Respiratory Conditions, Allergies, & Fragrance SensitivityNovember 9, 2023
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Accommodation Solutions for Employees with Intellectual DisabilitiesDecember 12, 2023
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ADA and Beyond Compliance Considerations: Medical DocumentationJanuary 11, 2024
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Ask JAN! Q&A: Sensory Team EditionMarch 14, 2024
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Accommodating Employees with Diverse Cognitive and Neurological NeedsApril 11, 2024
Presenters:
- James Potts , Senior Consultant - Cognitive/Neurological Team
- Melanie Whetzel , Principal Consultant, Team Lead
Presentations
Transcripts
Presenters:
- Anne E. Hirsh , Director of Collaborations, Evaluation, and Reporting
- Bill Curtis-Davidson, Co-director of PEAT
- Martez Mott, Ph.D., Senior Researcher, Ability Group, Microsoft Research
- Tina Park, Ph.D., Methods for Inclusion Research Fellow at the Partnership on AI
Presentations
Transcripts
This session, produced in collaboration with JAN and the Partnership on Employment & Accessible Technology (PEAT), will introduce the potential impact of emerging tech on accommodations. Participants will learn how employers and HR professionals can help plan for an accessible workplace of the future, including the procurement of accessible technologies and potential accommodation needs of people with disabilities. PEAT, funded by the Office of Disability Employment Policy, U.S. Department of Labor, will interview technology leaders to find out how AI and XR will change the way we work and what these technologies could mean for the employment of people with disabilities.
This event takes place on Global Accessibility Awareness Day (GAAD).
Speaker Bios:
Bill Curtis-Davidson is a Co-Director and Sr. Consultant on Emerging Tech Accessibility at PEAT. In this role, he works to advance the accessibility of emerging workplace technologies, including XR and AI, to increase employment opportunities for people with disabilities. He partners with the disability community, tech companies, and the public to advance adoption of inclusive design and promising practices for tech accessibility. He serves on the External Advisory Board of the GA Tech Human-Computer Interaction Degree Program.
Martez Mott is a Senior Researcher in the Ability Group at Microsoft Research. His research is focused on designing, implementing, and evaluating intelligent interaction techniques that improve the accessibility of computing devices for people with diverse motor and sensory abilities. His current research focuses on identifying and overcoming accessibility barriers embedded in the design of virtual and augmented reality systems. Martez is passionate about improving diversity in the CS and HCI communities. He co-chaired the 2020 CHI Mentoring Workshop (CHIMe), is serving on the steering committee for CHIMe 2021, and co-founded the Black Researchers @ Microsoft Research group. Martez received his Ph.D. in Information Science from the Information School at the University of Washington. Prior to attending UW, he received his B.S. and M.S. in Computer Science from Bowling Green State University.
Tina M. Park is currently a Methods for Inclusion Research Fellow at the Partnership on AI, developing evidence-based methodologies for incorporating a more diverse range of stakeholders in the design and development of artificial intelligence. Prior to joining PAI, Tina has led efforts to cultivate supportive intellectual spaces for scholars of color at Brown University and nationwide. She has presented at top international conferences in her field such as the American Sociological Association, the Social Science History Association, the Population Association of America, and the Society for the Study of Social Problems, the Association of Collegiate Schools of Planning.
Presenters:
- Lisa Mathess , Principal Consultant, ADA Specialist
- Matthew McCord , Senior Consultant – Motor Team
- Tatum Storey, Consultant - Motor Team
Presentations
Transcripts
Presenters:
- Tracie DeFreitas , Program Leader, Director of Training and Outreach
- Jeanne Goldberg is a Senior Attorney Advisor in the Office of Legal Counsel at the U.S. Equal Employment Opportunity Commission.
Handouts
Presentations
Transcripts
Presenters:
- Teresa Goddard , Lead Consultant – Assistive Technology Services
- Matthew McCord , Senior Consultant – Motor Team
Presentations
Transcripts
Presenters:
- Tracie DeFreitas , Program Leader, Director of Training and Outreach
- Melanie Whetzel , Principal Consultant, Team Lead
- Teresa Goddard , Lead Consultant – Assistive Technology Services
- Lisa Mathess , Principal Consultant, ADA Specialist
Presentations
Transcripts
Presenters:
- James Potts , Senior Consultant - Cognitive/Neurological Team
- Melanie Whetzel , Principal Consultant, Team Lead
- Linda Carter Batiste , Director of Services and Publications
Presentations
Transcripts
Presenters:
- Tracie DeFreitas , Program Leader, Director of Training and Outreach
- Teresa Goddard , Lead Consultant – Assistive Technology Services
- Lisa Mathess , Principal Consultant, ADA Specialist
Presentations
Transcripts
Presenters:
- Tracie DeFreitas , Program Leader, Director of Training and Outreach
Presentations
Transcripts
Presenters:
- Tracie DeFreitas , Program Leader, Director of Training and Outreach
- Lisa Mathess , Principal Consultant, ADA Specialist
Presentations
Transcripts
Handouts
Presenters:
- Lisa Mathess , Principal Consultant, ADA Specialist
- Matthew McCord , Senior Consultant – Motor Team
Presentations
Transcripts
Presenters:
- Alexis Popa , Consultant - Cognitive/Neurological Team
- Melanie Whetzel , Principal Consultant, Team Lead
Presentations
Transcripts
Presenters:
- Matthew McCord , Senior Consultant – Motor Team
- Julie Davis , Consultant - Motor Team
Presentations
Transcripts
Presenters:
- Tracie DeFreitas , Program Leader, Director of Training and Outreach
Presentations
Transcripts
Presenters:
- Lisa Mathess , Principal Consultant, ADA Specialist
- Matthew McCord , Senior Consultant – Motor Team
Presentations
Transcripts
Handouts
Presenters:
- Tracie DeFreitas , Program Leader, Director of Training and Outreach
- Jeanne Goldberg - Senior Attorney Advisor, Office of Legal Counsel, Equal Employment Opportunity Commission (EEOC)
Handouts
Presentations
Transcripts
Presenters:
- Teresa Goddard , Lead Consultant – Assistive Technology Services
- Matthew McCord , Senior Consultant – Motor Team
- Christy McCune , Consultant - Sensory Team
Presentations
Handouts
Transcripts
Presenters:
- Alexis Popa , Consultant - Cognitive/Neurological Team
- Melanie Whetzel , Principal Consultant, Team Lead
Presentations
Transcripts
Presenters:
- Tracie DeFreitas , Program Leader, Director of Training and Outreach
- Ellice Switzer, EARN Workplace Disability Inclusion Associate
Presentations
Transcripts
Ellice Switzer, EARN Workplace Disability Inclusion Associate
Ellice is an Extension Associate with the K. Lisa Yang and Hock E. Tan Institute on Employment and Disability. She provides content development, training and technical assistance for EARN. As an Extension Associate, she provides national technical assistance and training on topics related to disability and employment, and U.S. disability policy. Her areas of focus include employer practices to support workforce disability inclusion, demand-side strategies to improve employer engagement among disability service providers and evidence-based practices to support post-school success for youth with disabilities.
Presenters:
- James Potts , Senior Consultant - Cognitive/Neurological Team
- Melanie Whetzel , Principal Consultant, Team Lead
Presentations
Transcripts
Presenters:
- Lisa Mathess , Principal Consultant, ADA Specialist
- Melanie Whetzel , Principal Consultant, Team Lead
- Teresa Goddard , Lead Consultant – Assistive Technology Services
- Tracie DeFreitas , Program Leader, Director of Training and Outreach
Presentations
Transcripts
Presenters:
- James Potts , Senior Consultant - Cognitive/Neurological Team
- Lisa Mathess , Principal Consultant, ADA Specialist
- Tracie DeFreitas , Program Leader, Director of Training and Outreach
Presentations
Transcripts
Presenters:
- Tracie DeFreitas , Program Leader, Director of Training and Outreach
- Terri Rhodes, Chief Executive Officer, Disability Management Employer Coalition (DMEC)
- Bryon Bass, Senior Vice President Workforce Absence and Disability Practice Leader, Sedgwick
- Susanne Bruyere, Co-Director and Co-Principal Director, Employer Assistance and Resource Network on Disability Inclusion (EARN)
Handouts
Presentations
Transcripts
Presenters:
- Melanie Whetzel , Principal Consultant, Team Lead
Presentations
Transcripts
Presenters:
- Julie Davis, Consultant - Motor Team
- Matthew McCord, Senior Consultant - Motor Team
Presentations
Transcripts
Presenters:
- Lisa Mathess, Principal Consultant, ADA Specialist
- Melanie Whetzel, Principal Consultant, Team Lead
- Tracie DeFreitas, Program Leader, Director of Training, Services, and Outreach
Presentations
Transcripts
Presenters:
- Tracie DeFreitas, Program Leader, Director of Training, Services, and Outreach
- Jeanne Goldberg, Equal Employment Opportunity Commission (EEOC)
Presentations
Transcripts
Presenters:
- Matthew McCord, Senior Consultant – Motor Team
- Teresa Goddard, Lead Consultant – Assistive Technology Services
- Jose Gonzalez Lopez, Consultant — Sensory/Motor Teams
Presentations
Transcripts
Presenters:
- James Potts, Senior Consultant - Cognitive/Neurological Team
- Melanie Whetzel, Principal Consultant, Team Lead
- Linda Batiste, Director of Publications and Services
Presentations
Transcripts
Presenters:
- Lisa Mathess, Principal Consultant, ADA Specialist
- Lore Lee, Consultant
- Matthew McCord, Senior Consultant – Motor Team
- Tracie DeFreitas, Program Leader, Director of Training, Services, and Outreach
Presentations
Transcripts
Handouts
Presenters:
- Teresa Goddard, Lead Consultant – Assistive Technology Services
- Jose Gonzalez Lopez, Consultant - Sensory/Motor Teams
Presentations
Transcripts
Presenters:
- Melanie Whetzel, Principal Consultant, Team Lead Cognitive/Neurological Team
Presentations
Transcripts
Presenters:
- Lisa Mathess, Principal Consultant, ADA Specialist
- Tracie DeFreitas, Program Leader, Director of Training and Outreach
Presentations
Transcripts
Handouts
Presenters:
- Jose Gonzalez Lopez, Consultant – Sensory/Motor Teams
- Teresa Goddard, Lead Consultant – Assistive Technology Services
Presentations
Transcripts
Presenters:
- Melanie Whetzel, Principal Consultant, Team Lead