In Flagg v. Alimed, Inc., the Supreme Judicial Court of
Massachusetts ("SJC") recently addressed an issue of
first impression regarding the state's antidiscrimination
statute, recognizing a limited cause of action for associational
discrimination based on handicap under Mass. Gen. Laws ch. 151B,
§ 4(16). Associational discrimination occurs when an employee
is discriminated against based on his or her relationship with an
individual in a protected class.
In Flagg, the plaintiff's wife had a disabling and
expensive health condition for which the employer was financially
responsible through its health plan. On a few occasions, Flagg had
to leave work early to pick up his daughter from school while his
wife received rehabilitative care. Alimed fired Flagg, allegedly
because he had failed to punch out when he went to pick up his
daughter. Flagg sued, claiming that the company fired him because
his wife's condition was extremely expensive for Alimed's
health insurance plan.
