Issue Whether Employee Was Fired Because Her Spouse Had Disability That Was Costly To Her Employer

After she was fired from her job as a registered nurse at Proctor Hospital, 47-year-old Phillis Dewitt sued, alleging “association discrimination” under the Americans with Disabilities Act (ADA) as well as age and gender discrimination.

Dewitt's ADA claim arose from the allegation that she was discharged by her self-insured employer in order to save the cost of treating her husband's cancer. The district court entered summary judgment in favor of Proctor on all claims. On appeal, the 7^th Circuit affirmed the dismissal of Dewitt’s age and gender discrimination claims, but reversed the dismissal of her ADA claim, finding that genuine issues of material fact existed as to whether Proctor Hospital was motivated to terminate Dewitt by association discrimination, in the form of concern about the high costs of her husband's medical care.

Dewitt v. Proctor Hospital

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The 7th Circuit Court of Appeals’ jurisdiction includes Illinois, Indiana and Wisconsin.