An employee who brought a discrimination-by-association suit over alleged workplace harassment about her husband’s flatulence is disputing her ex-employer’s assertion that the claim is unsupported by law.
Responding to a defense motion to dismiss, plaintiff Louann Clem conceded that the U.S. Court of Appeals for the Third Circuit has yet to rule on whether a hostile work environment claim for discrimination by association can be brought under the Americans With Disabilities Act, but she cited the court’s recognition of a similar cause of action under Title VII. Case law on the ADA and Title VII have been freely interchanged where there is no major difference in the question asked, so the court should recognize her claim under the ADA, she said in Clem v. Case Pork Roll Co.
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