I was fired because my wife has a disability. Is that illegal discrimination? 07-08-2009

My wife has a documented disability, and is under a doctor's care. The company fired me when they had just learned that my wife needed another spine surgery. When my boss had asked about her condition, I did not know that the company was self-funded in health insurance. My boss told me this would impact his profit sharing.

Ann Kiernan replies:

In addition to prohibiting discrimination against a qualified worker because of his or her own disability, the Americans with Disabilities Act (ADA) prohibits discrimination because of the disability of an individual with whom the worker has a relationship or association, such as a child, spouse, or parent. In its 2005 Questions and Answers About the Association Provision of the Americans with Disabilities Act, the EEOC addressed a situation close to yours:

An employer who provides health insurance to the dependents of its employees learns that Jaime, an applicant for a management position, has a spouse with a disability. The employer determines that providing insurance to Jaime's spouse will lead to increased health insurance costs. The employer violates the ADA if it decides not to hire Jaime based on the increased health insurance costs that will be caused by his wife's disability.

So, if you were fired because of your boss's concerns about the cost of your wife's health care, that is illegal discrimination under the ADA. Please seek the advice of a local employment attorney right away.

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.