The email sent will contain a link to this article, the article title, and an article excerpt (if available). For security reasons, your IP address will also be included in the sent email.
by Chris Richardson
On February 27, the Seventh Circuit handed down a decision that will bring new attention to the lightly litigated, but significant, “association” provision of the Americans With Disabilities Act (ADA). Title I of the ADA not only protects qualified individuals with a disability against employment discrimination, but also protects applicants and employees from discrimination based on their relationship or association with an individual with a disability.
In Dewitt v. Proctor Hosp., Phillis Dewitt, a nurse manager with an excellent employment record, was nevertheless terminated by an Illinois hospital allegedly due to escalating medical costs from her husband’s cancer. When Ms. Dewitt’s husband’s medical claims started showing up in quarterly reports highlighting claims over $25,000, Ms. Dewitt’s supervisor began confronting her about the costs, even suggesting that Ms. Dewitt consider less expensive hospice care for her husband. The Seventh Circuit, partially reversing a lower court decision, held that Ms. Dewitt could pursue a claim for “Association Discrimination” under the Americans with Disabilities Act.
Return to Article