Home » Blog » Associational Discrimination

Associational Discrimination

Among the different types of discrimination prohibited by the Americans with Disabilities Act is so-called “associational discrimination.” Specifically, the ADA, inter alia, prohibits an employer from excluding or otherwise denying equal jobs or benefits to a qualified individual because of the known disability of an individual with whom the qualified individual is known to have […]

In Reiter v. Maxi-Aids, Inc., 14-cv-3712, 2018 WL 557864 (E.D.N.Y. Jan. 19, 2018), the court (inter alia) upheld a jury’s determination that plaintiff was subject to “associational discrimination” under the Americans with Disabilities Act. In sum, defendant’s principal (Zaretsky) terminated plaintiff shortly after plaintiff advised Zaretsky about an issue concerning his daughter, Bailey, who suffered […]

In Macchio v. Michaels Elec. Supply Corp., 2017 NY Slip Op 02636 (App. Div. 2d Dept. April 5, 2017), the court held that plaintiff presented sufficient evidence of pretext to survive summary judgment on his discrimination, retaliation, and FMLA claims, but that his hostile work environment claim was properly dismissed. In this case, plaintiff alleged, […]

In Graziadio v. Culinary Institute of America et al, 15-888-cv (2nd Cir. March 17, 2016), the Second Circuit vacated a district court’s Order granting defendants summary judgment and dismissing plaintiff’s claims under the Family and Medical Leave Act (FMLA). Here are the facts, as summarized by the court: Plaintiff Cathleen Graziadio, an employee at the […]

In Anderson v. HotelsAB, LLC, No. 15CV712-LTS-JLC, 2015 WL 5008771 (S.D.N.Y. Aug. 24, 2015), plaintiff alleged that defendants discriminated against her in violation of the New York City Human Rights Law (NYCHRL) by refusing to hire her because of her relationship with her disabled son. This decision addresses the geographical reach of the NYCHRL. The facts, briefly: […]

Here is the federal court complaint filed by Philippa Okoye against her employer deVere Group on May 18, 2015. She alleges hostile work environment sexual harassment, gender discrimination, associational race discrimination (in light of her husband, Lawrence Okoye’s, race), religion-based discrimination, and retaliation under the New York City Human Rights Law.

Many employment discrimination cases involve allegations by an employee (or former employee) that they have endured discriminatory treatment based on one or more of that person’s protected characteristics. But what you may not know is that there is another type of claim – referred to in the case law as “associational discrimination” – based on the […]

In Chiara v. Town of New Castle, decided January 14, 2015, the Appellate Division, 2nd Dept. explicitly recognized a cause of action for discrimination “by association” under the New York State Human Rights Law, codified at Executive Law § 296. Specifically, it concluded that a plaintiff alleging discrimination in employment on the basis of religion in […]