Ask Atlas · Discrimination
What limited federal employment-law information may be relevant when an employer takes an adverse action after learning that a worker’s spouse has a disability or serious health condition?
United States — limited federal general information
Published · Reviewed by Ahmad Sulaiman
Short answer
Federal Americans with Disabilities Act (ADA) regulations say a covered entity may not discriminate against a qualified individual because of the known disability of a family member or other person with whom the individual has a relationship. [1] [2] Separate Family and Medical Leave Act (FMLA) regulations bar interference with, or discrimination or retaliation for exercising or trying to exercise, FMLA rights; Department of Labor guidance says eligible employees of covered employers may take up to 12 workweeks in the FMLA leave year to care for a spouse with a serious health condition. [3] [4] Whether either federal rule applies depends on coverage and eligibility, job qualifications, the relevant condition and care, leave communications, employer knowledge, and the stated reason for an action; state, local, territorial, tribal, federal-sector, union, contract, and employer-policy rules are outside this limited federal overview.
Sources checked
Source-currentness note: The eCFR pages displayed Title 29 up to date as of 2026-10-22 and last amended 2026-10-14 when checked on 2026-10-25. The eCFR identifies itself as authoritative but unofficial; the official published CFR is updated annually. The Department of Labor page is dated March 2025 and describes itself as general information without force and effect of law. This is a review-only candidate, not individual advice, an acceptance, or authorization to publish.
[1] 29 CFR 1630.8 relationship or association
[3] 29 CFR 825.220 FMLA rights protection
[4] DOL Fact Sheet 28P family serious health condition leave
