Chemist's associational discrimination claim fails to bond

One of the unusual features of the Americans with Disabilities Act (ADA) is that it includes a provision prohibiting discrimination "because of the known disability of an individual with whom [the employee] is known to have a relationship or association." A recent decision by the 7th Circuit (which covers Illinois, Indiana, and Wisconsin employers) examined the scope of the ADA's associational discrimination prong.

Catalyst

Starting in 2011, Frank Pierri worked as a chemist for Medline Industries, Inc. His first four years at Medline went very well, and he earned several promotions and received consistently positive performance evaluations.

In 2015, however, Pierri's grandfather fell ill with cancer. He asked his supervisor, Rich Tyler, if he could switch to 10-hour shifts four days per week instead of the normal eight-hour shifts five days per week. Tyler agreed and made the change. But six months later, the supervisor told Pierri that his work performance had suffered and therefore required him to return to a five-day eight-hour schedule.

Periodic table

Pierri wasn't happy with the return to the five-day-per-week schedule and insisted he needed at least one weekday off to take his grandfather on his weekly trips to the hospital. Tyler offered to let Pierri work Tuesday through Saturday, but the chemist declined the arrangement because he wanted to attend school on Saturdays.

Pierri then contacted HR and learned he could use Family and Medical Leave Act (FMLA) intermittent leave one day each week to care for his grandfather. Medline approved him for the leave.