QUESTION: We learned in the interview process that a top job candidate’s child has a serious disability. Our major medical plan covers employees and their dependents, and we are concerned that the child’s condition will substantially increase costs under the plan. Is it permissible under the Americans with Disabilities Act (ADA) and other laws to condition a job offer on not enrolling the child in the plan?

ANSWER: The action you describe likely violates the ADA’s association provision. You are probably familiar with the ADA provisions that prohibit an employer from discriminating against a qualified individual with a disability in “job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.” But the ADA also prohibits discrimination against employees and job applicants because of their relationship or association with another individual who has a disability. In particular, the ADA expressly provides that the prohibition against discrimination encompasses excluding or otherwise denying equal jobs or benefits because of the known disability of an individual with whom the employee or job applicant is known to have a relationship or association. This association provision prohibits employers from denying an employee dependent health coverage because the employee’s dependent has a disability when dependent coverage is generally available to other employees.

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