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National Litigation Hotline
Employee's Association with Disabled Daughter Not Protected Under ADA
The Sixth Circuit has held that the provision of the American with Disabilities Act (the ADA) that forbids discrimination against 'a qualified individual because of the known disability of an individual with whom the qualified individual is known to have a relationship,' 42 U.S.C. ' 12112(b)(4), could not protect an employee who missed a shift without excuse, whether or not that person was associated with a disabled individual. Overley v. Covenant Transport, Inc., 2006 WL 1133292 (6th Cir. Apr. 27).
Sharon Overley, a truck driver for defendant Covenant Transport, was terminated from employment when, in lieu of completing her scheduled Saturday shift, she visited her daughter, who is severely disabled as the result of a childhood injury, at her assisted-living home. Overley filed suit in district court claiming, among other things, that her firing constituted discrimination under the ADA in that she was terminated because of her daughter's disability.
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