No bias by association: FCRA doesn't prohibit associational discrimination

Unlike the Americans with Disabilities Act (ADA), the Florida Civil Rights Act (FCRA) doesn't afford any protection against discrimination to persons associated with an individual with a disability, the U.S. 11th Circuit Court of Appeals (which covers Alabama, Florida, and Georgia employers) recently ruled.

Facts

In March 2016, while working for the Broward County Sheriff's Office, Carolina Matamoros took Family and Medical Leave Act (FMLA) leave to care for her disabled son. Upon her return, she applied for a part-time position with the employer and subsequently filed an internal grievance when she received no offer.

Thereafter, Matamoros twice requested additional FMLA leave, which also was denied. After facing multiple disciplinary actions because of attendance issues, she was terminated.

Matamoros filed a discrimination charge with the Equal Employment Opportunity Commission (EEOC), but it was dismissed. She then sued the employer in federal court under the FCRA and the FMLA.

The FCRA forbids employers from "discriminat[ing] against any individual . . . because of such individual's . . . handicap." Matamoros' complaint included a claim against the sheriff's office for allegedly discriminating and retaliating against her because of her association with her disabled son in violation of the Act.