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.
The Superior Court dismissed Flagg's lawsuit on a motion to
dismiss, holding that under Massachusetts law there is no cause of
action for associational discrimination. The SJC reversed, based on
a broad reading of Chapter 151B. In the circumstances of
Flagg, where the employer allegedly subjected an otherwise
satisfactory employee to an adverse employment action because of
hostility toward the handicapped condition of the employee's
spouse, the SJC held that the employee had stated a plausible set
of facts to permit the case to survive a motion to dismiss.
It is important to note that the majority in Flagg did not
consider whether an employee with a handicapped spouse himself is
entitled to reasonable accommodation on account of his spouse's
condition. In a concurring opinion, Justice Gants noted that the
court's opinion does not suggest that an employer is required
to provide a reasonable accommodation to an employee who is not
himself handicapped. That position would be consistent with the
holdings of several federal courts that no accommodations are
required for non-disabled employees under the associational
discrimination provisions of the Americans with Disabilities
Act.
In expanding the universe of employees who may allege handicap
discrimination under Chapter 151B, Flagg provides an
important reminder for Massachusetts employers not to consider any
individual's handicap condition when making employment
decisions.
Originally published on the Employer's Law Blog
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