The Massachusetts Supreme Judicial Court (SJC) recently issued a decision which expands the scope of employer liability under the state’s anti-discrimination law, M.G.L., c. 151B. In Flagg v. AliMed, SJC-11182, the Court ruled that c. 151B bars employers from discriminating against employees based not only on their own handicap/disability, but also based on the handicap/disability of any person the employee associates with. Known as “associational discrimination,” this type of discrimination occurs when an adverse employment action is taken as a result of an employee’s relationship with a handicapped person. In Flagg, the plaintiff alleged that his employer terminated him to avoid the cost of providing health insurance to his sick wife.
While associational discrimination is not a new concept, this is the first time the SJC has interpreted c. 151B to include its coverage. At the state administrative level, the Massachusetts Commission Against Discrimination (MCAD) has previously recognized associational discrimination. At the federal level, the Americans with Disabilities Act (ADA) expressly provides for associational discrimination protection; however, the ADA only applies to employers with 20+ employees. With this ruling, associational discrimination under c. 151B will now apply to all Massachusetts employers with 6+ employees.
