WHEN AN EMPLOYEE’S CHILD IS DISABLED
Pass Me On to Unit Members: What protection does an employee have when a child’s sickness requires that the parent stay home, but the parent does not have leave to do so? Can the parent demand a reasonable accommodation under the Americans with Disabilities Act (ADA)? No. But the mom or dad can do something if the employer tries to discipline or fire them due to their association with a disabled child. The law firm of Saxton & Stump just posted a story about a new federal court decision that outlines how an employee can be protected from any adverse personnel action motivated by any association with ANY person protected by a civil rights act—not just the ADA. If this happens to a bargaining unit employee, check with a union rep. While the employee could file an EEOC charge of “associational discrimination, ”the union can pursue that claim along with any violation of other laws, federal regulations, or the labor agreement to have an arbitrator reverse the damage the employer did.