Law Firm Says “Associational Discrimination” Suits Rising

Courts “have extended greatly the scope of federal anti-discrimination laws” to include individuals who have a relationship with “protected” persons, says the Jackson Lewis law firm.

According to Jackson Lewis, the Second Circuit explained this trend in a case involving the allegations of a Caucasian assistant basketball coach who had claimed he was discharged because he married an African-American woman. The Court held, “[w]here an employee is subjected to adverse action because an employer disapproves of interracial association, the employee suffers discrimination because of the employee’s own race.” The law firm cites a number of other cases where the plaintiffs were able to argue discrimination based on their association with someone in a protected category.

“Class-based associational discrimination claims can be costly,” says the law firm. It says the Equal Employment Opportunity Commission recently settled several associational discrimination claims, including one for $500,000 and non-monetary relief.

“This trend is yet another reminder to employers and their carriers that discriminatory conduct is costly, even when directed toward employees who seemingly do not meet a protected category, as the scope of protection continues to grow. Comprehensive and accessible anti-harassment policies and regular employee anti-harassment and discrimination,” Jackson Lewis says.