Monday, May 17, 2021

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Accommodation to Avoid Exposing Family Members.

 The guidance confirms that employees are not entitled to an accommodation under the ADA in order to avoid exposing a family member who is at a higher risk of severe illness from COVID-19 due to an underlying medical condition. While the ADA prohibits discrimination based on association with an individual with a disability, this protection is limited to disparate treatment or harassment and does not require the employer to accommodate an employee without a disability based on the disability-related needs of a family member or other person with whom they are associated. While employers are free to provide accommodation if it chooses to do so, the guidance cautions against engaging in disparate treatment as a result of offering additional flexibilities.

Vernellia R. Randall
Founder and Editor
Professor Emerita of Law
The University of Dayton School of Law

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