Most employers understand that when an employee is disabled, they have an obligation to comply with the ADA. Most employers, however, are unaware that this might still hold true if an employee’s relative is disabled.
Elizabeth Manon was a receptionist at the Globe Institute of Technology. Manon had an infant daughter who suffered from an asthma-like condition called Reactive Airway Disease.
Due to Manon’s daughter’s health issues, she often came in late, left early or missed whole days of work to attend to her daughter. Over the course of her 6-month tenure at the Globe Institute, Manon left early 54 times, came in later 27 times and was absent for a total of 17 days.
She did her best to give notice when she could, especially on days where she wasn’t going into work at all and Manon’s manager was fully aware of Manon’s situation. Although Manon came to work late or left early many times, Garcia only reprimanded Manon once for being late. However, Manon was eventually fired after she returned to work from unexpectedly being out for several days to care for her daughter.
Manon and her manager participated in a termination meeting where she was told that he needed a person who “does not have kids who can be at the front desk at all times.” Her manager went on to ask “How can you guarantee me that two weeks from now your daughter is not going to be sick again…So, what is it, your job or your daughter?”
It was at this point that Manon sued for associational ADA bias, claiming that she had been fired because she had to care for her disabled daughter. The company tried to get the case thrown out because her absenteeism was, allegedly, the real reason behind her termination. Unfortunately for the Globe Institute, a judge ruled the case should go to trial because a jury could reasonably believe the manager’s comments were a “smoking gun”, and because Manon’s constant communication could lead a jury to conclude that the manager knew the situation when he fired Manon.
HR experts say that the Globe Institute is now facing a very costly lawsuit or settlement and employers should always remember to incorporate tact and sensitivity into conversations about disabled relatives and disability in general.
