Massachusetts is at the Forefront of Labor Protection for "Associational Handicap"
General Massachusetts Law Chapter 151B Section 4(16) prohibits associational discrimination based upon handicap. In 2013 the Massachusetts Supreme Court heard a case of first impression, Flagg v. AliMed, 466 Mass 23 (2013) in order to determine the coverage of Massachusetts' Associational Handicap statute.
The Massachusetts Supreme Court determined the state associational discrimination statute covered a father who had to pick his daughter up from school because his wife had a brain tumor removed. The employee who brought this case was terminated while his wife was back in the hospital treating for recurrence of her brain tumor. As a result of the termination, the employee immediately lost his health insurance.
The Court reasoned the Massachusetts associational discrimination statute was intended to serve a remedial purpose and should cover this situation. However, the Court made clear the holding was limited to the immediate family member context, and was not deciding whether an employee with a handicapped spouse is entitled to a reasonable accommodation. Expect future appeals and litigated cases on the Massachusetts Associational Handicap statute.
Besides being a licensed labor lawyer in Massachusetts, I also represent employees in California where I first became a licensed lawyer in 1993. Many regard California as a very liberal state. In California there is case and statutory law about being treated adversely, being fired, or terminated due to being associated with a person in a protected category under the Fair Employment and Housing Act. However, those California developments are somewhat recent. It should, however, be noted, the California legislature has not gone as far as the Massachusetts Legislature to specifically enact a statute about associational handicap. The American Disability Act (ADA) does cover associational discrimination.
The Massachusetts associational discrimination law is a very modern labor law. It will be interesting to see what types of cases develop from it.
Please feel free to check my Massachusetts website where I write about developments in Massachusetts labor law, or my California website where I report on conditions in labor law.
Karl Gerber, Representing Employees Since 1993
Our Firm: No upfront fees or costs
Contingency Fee Representation
All employment cases for employees are taken on a contingency basis. We are only paid a fee when and if we win your case, and we advance all litigation costs. Our goal is to make expert legal representation accessible to every hardworking employee.
Serving Massachusetts County
We have proudly served all of Massachusetts County since 1993.
The Employment Lawyers Group has successfully handled
2,000+
Separate California Employment Cases
Media Engagements
Sample Case Results
Employment Case
$18,402,868
Jury verdict for male visually harassed and subject to crude comments by a female manager
breach of commission contract
$1,150,000
Unpaid commissions of two plaintiffs
unpaid wages
$875,000
For 4 oil field service industry workers whose times worked were not recorded on timesheets and were on-call
Disclaimer: These results are based on the facts of these specific cases and do not guarantee or predict a similar result in any future case.
Practice Areas
Discrimination
Age, Disability, Family Medical Leave (FMLA/CFRA), Gender, National Origin, Pregnancy, Race, and Sexual Orientation claims.
Unpaid Wages & Overtime
Recovering earnings for Overtime, Bonuses, Commissions, Meal & Rest Breaks, and Prevailing Wage violations.
Sexual Harassment
Compassionate and effective representation for victims of sexual harassment and hostile work environment claims.
Wrongful Termination
Representing employees terminated in violation of public policy, contracts, or California and Federal law.
Leaves & Retaliation
Protecting employees who face adverse actions after reporting illegal activity or taking protected medical leave.
Whistleblowers
Advocating for employees who report fraud, waste, or abuse in their organizations under whistleblower protections.
About Firm Founder, Karl Gerber
Firm Founder, Karl Gerber, has been an employment wrongful termination attorney since 1993. He has represented a wide range of employees throughout California.
Mr. Gerber has won 51 of the binding arbitrations and jury trials he first chaired, and a number of his appeals are published. This deep trial experience is the foundation of the firm's strategic approach to litigation.
The employment attorneys employed by the Employment Lawyers Group have worked at the firm well in excess of five years, have also tried many different labor cases, and have all been extensively trained on employment wrongful termination by Karl Gerber.
Ready to Discuss Your Case?
Your rights as an employee matter. Contact us for a free, confidential case review.
Contact Us
Share Your Workplace Situation With Our Attorneys
Prefer to speak directly?
Call Us: (877) 525-0700