No Reasonable Accommodation Required for Worker with Disabled Child

The ADA does not require an employer to provide  a non-disabled employee with the right to reasonable accommodation to take care of the employee’s disabled child.  Plaintiffs have attempted to files  such claims but they have been consistently dismissed by the federal courts.  In Carrillo-Montes v. Triple S Salud, Inc., Civil 14-1996 (CCC) (D.P.R. Mar. 31, 2017), a worker brought a claim under Section 12112(b)(4) of the ADA alleging that her employer Triple-S knew of her son’s disability and failed to provide her with reasonable accommodations consisting of time off and/or medical leaves to attend medical appointments related to her son’s condition.

The court  dismissed the claim ruling that  “[a]lthough still undecided by the First Circuit, courts in other jurisdictions have found that the association provision “does not obligate employers to accommodate the schedule of an employee with a disabled relative.””

An employer can still be liable by the “association provision” (42 U.S.C.A. § 12112 ) that prohibits employers from taking adverse action against an employee “because of the known disability of an individual with whom the qualified individual is known to have a relationship or association.”   Qualified individuals  are protected from adverse job actions based on ‘unfounded stereotypes and assumptions’ arising from the employees’ relationships with particular disabled persons.” Oliveras-Sifre v. Puerto Rico Dep’t of Health, 214 F.3d 23, 26 (1st Cir. 2000).