In a case of first impression, a woman has brought a discrimination-by-association suit under the ADA against her former employer. She claims that she suffered a hostile work environment as a result of her husband’s firing for having unrestrained flatulence. She had served as her husbands assistant and quit when he was fired. He had had gastric-by-pass surgery which resulted in the continual flatulence. Customers complained of the smell and he was eventually fired.

The Third Circuit has not considered hostile-work-environment claims for discrimination by association under the Americans with Disabilities Act but has permitted them under Title VII.

The case is Clem v. Case Pork Roll.