Mark & Galusha, LLC, Employment Attorneys in Perth Amboy and New Brunswick, Middlesex County, New Jersey.
While not a common type of civil suit, Association Discrimination is still a very real and valid claim. The laws provided in the Americans with Disabilities Act (ADA) also protect individuals who are victims of workplace prejudice due to their association to a member of a protected class and they are entitled to the same rights and protections. Sometimes the relation may be to someone of a particular race or a sexual orientation.
In the instance of Eugene Stansberry, he claimed that he was discriminated against due to his wife's disability. In the mid-1990's, Mrs. Stansberry was diagnosed with Polyarteritis Nodosa, an autoimmune disorder which left untreated could become fatal. The medical care necessary in order to treat Mrs. Stansberry was supplied through her husband's employment benefits with Air Wisconsin. In particular, the expensive Remicade prescription was given to Mrs. Stansberry and her results were positive. These treatments cost the insurer $4,000 every six weeks and without the insurance, Mrs. Stansberry's condition would certainly worsen.
In addition, during this stressful moment in Plaintiff's life, Air Wisconsin had increased the amount of new hires and as Mr. Stansberry held the longest tenure as a manager, it became his responsibility to train the new employees. Unfortunately, these fresh workers were cited for many violations, all of which went unreported to Headquarters by Plaintiff. This raised concern and eventually a meeting was called between Mr. Stansberry and his immediate supervisor on July 26, 2007.
Mr. Stansberry was fired following the meeting on July 26, 2007, which also resulted in the termination of his benefits. As a result being terminated, Mr. Stansberry filed a civil complaint, claiming discrimination by association to his ill wife. A few months prior to losing his job, Mrs. Stansberry's condition became worse and the healthcare plan did not "approve" the Remicade treatments. Due to an administrative delay, however, Air Wisconsin's plan administrator approved the treatments through July 2007.
Despite the fact that Plaintiff had contacted the Equal Employment Opportunity Commission and received a "right to sue" letter, the trial court granted summary judgment in favor of Air Wisconsin. Mr. Stansberry subsequently filed an appeal however, the Appellate Court affirmed the prior decision.
The Court of Appeals noted that despite Mrs. Stansberry's condition, her husband still should have followed company protocol regarding the new hires and that Mrs. Stansberry's illness should not have impacted same. In addition, Mr. Stansberry was unable to produce any evidence to the contrary. Mr. Stansberry did not oppose Air Wisconsin's Summary Judgment motion with documentation of any sort supporting his claims of association discrimination.
Like every other aspect of law, Association Discrimination requires the careful and methodical review of trusted professionals. If you feel that you have been harassed or retaliated against at your workplace as a result of your association with a member of a protected class, it is necessary to obtain legal counsel from an experienced firm. Mark & Galusha, LLC, are lawyers who handle employment matters in Perth Amboy and New Brunswick, Middlesex County, New Jersey. Please schedule a consultation with our office by calling (908) 626-1001 or 973-440-2311, or simply tell us your story by clicking the "contact us" page.
