SJC Recognizes 151B Action for Associational Discrimination

It is not every day that the SJC, Massachusetts' highest court, creates a new cause of action.  Indeed, it is quite rare that facts present themselves so outside the usual claims to necessitate a totally novel analysis.  However Flaggg v. Alimed Inc.,  presented just such a case, allowing the SJC to expand the reach of Chapter 151B to include associational discrimination.  

Flagg alleged that his employment was terminated because his wife's illness was costing the Company a lot of money in medical bills through its insurance and not because, as Alimed claimed, he was not clocking out when picking up his daughter during work hours.  Essentially, Flagg argued that Alimed was discriminating against him because of his wife's severe disability.  The Company had the case dismissed based on the argument that Mass. G. L 151B does not address the alleged discrimination.  And because of Alimed, now it does.  The SJC ruled that an employer cannot discriminate against an employee based on his association with a handicapped person and remanded the case for trial.  Employer's take heed, association discrimination will be popping up as the new category to watch for!