White Paper

Connection to Someone With a Disability is Nearly Identical to an Actual Disability

 
As disability discrimination and accommodation claims continue to rise across the country, an appellate court in California may have just helped significantly expand such claims in the future by finding that an employee can maintain a suit for “associational” disability discrimination based on the disability of his son.

The key facts are as follows: The employer knew the employee’s son required a daily dialysis treatment that only the employee could administer. For several years, the employer scheduled the employee so that he could be home at night in time for the dialysis. However, that schedule accommodation changed when a new supervisor took over. The employee was ultimately terminated for refusing to work a shift that would have prevented him from performing his son’s dialysis on time.

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Kamran Mirrafati is a partner and litigation lawyer with Foley & Lardner LLP. His practice covers a wide range of labor and employment law with a particular focus on management-side labor relations.
Mr. Mirrafati’s practice incorporates a strong traditional labor background, and he has garnered favorable decisions in numerous instances. He has successfully defended clients in Section 301 cases, representation proceedings, unfair labor practice charges, and labor arbitrations, pertaining to both contract interpretation and discipline matters. Mr. Mirrafati also counsels employers on many labor issues such as union strikes or picketing activities, facility closures, and contract administration.

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Kamran Mirrafati

Foley & Lardner LLP

Kamran Mirrafati is a partner and litigation lawyer with Foley & Lardner LLP. His practice covers a wide range of labor and employment law with a particular focus on management-side labor relations.

Mr. Mirrafati’s practice incorporates a strong traditional labor background, and he has garnered favorable decisions in numerous instances. He has successfully defended clients in Section 301 cases, representation proceedings, unfair labor practice charges, and labor arbitrations, pertaining to both contract interpretation and discipline matters. Mr. Mirrafati also counsels employers on many labor issues such as union strikes or picketing activities, facility closures, and contract administration.

Mr. Mirrafati’s employment law experience further includes litigation involving wage and hour issues, wrongful discharge, unfair competition, employment discrimination/retaliation, and breach of contract. He also regularly counsels employers in a variety of human resources issues, including wage and hour compliance, employment agreements, leaves of absence, and personnel practices and policies. Mr. Mirrafati also regularly advises corporations on the labor and employment aspects surrounding mergers and acquisitions.

Mr. Mirrafati represents clients across a diverse gamut of industries, which includes oil and gas, communications, hospitality, retail, health care, finance, manufacturing, and education.

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