Flagg v. AliMed, Inc.
466 Mass. 23
Mass.2013Background
- Plaintiff Marc Flagg, employed by AliMed, Inc. for ~18 years, was terminated on Feb 4, 2008; reason given was failure to punch out after leaving to pick up his daughter.
- Plaintiff’s wife underwent brain tumor surgery in Dec 2007; she required rehabilitative care and substantial medical expenses.
- Plaintiff’s duties included caring for children, necessitating absences around 2:55–3:20 p.m. on certain days; manager allowed time off for family care.
- AliMed’s termination was allegedly pretextual, masking a desire to avoid costs of the wife’s medical care under the health plan.
- Termination occurred during a period of wife’s hospitalization, resulting in loss of health insurance and denial of unemployment benefits, depleting plaintiff’s savings.
- Plaintiff asserted defamation and discrimination claims under G. L. c. 151B, § 4(16).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether associational handicap discrimination is cognizable under § 4(16). | Flagg argues §4(16) protects employees discriminated against due to a protected association. | AliMed contends §4(16) does not cover association with a handicapped person. | Yes; associational discrimination is prohibited under §4(16). |
| Whether the defamation claim is adequately pleaded." | Flagg alleges false statements harmed reputation and caused economic loss. | AliMed argues the complaint fails to identify publication to third parties. | Defamation claim inadequately pleaded; dismissal affirmed for Count I. |
| Whether the trial court properly applied standard of review for a 12(b)(6) dismissal and liberal pleading standards. | Plaintiff contends complaint should survive with plausible entitlement to relief. | Defendant asserts failure to state a claim under 12(b)(6). | Standard applied; allegations plausibly alleged associational handicap discrimination under §4(16). |
Key Cases Cited
- Barrett v. Whirlpool Corp., 556 F.3d 502 (6th Cir. 2009) (recognizes associational discrimination concepts in discrimination law)
- Tetro v. Elliott Popham Pontiac, Oldsmobile, Buick & GMC Trucks, Inc., 173 F.3d 988 (6th Cir. 1999) (associational discrimination discussed under Title VII context)
- Lopez v. Commonwealth, 463 Mass. 696 (Mass. 2012) (constructs liberal interpretation of §4(16) in context of handicap)
- Ayash v. Dana-Farber Cancer Inst., 443 Mass. 367 (Mass. 1997) (reiterates liberal construction of c. 151B for remedial purposes)
- Dahill v. Police Dep’t of Boston, 434 Mass. 233 (Mass. 2001) (discusses liberal construction and remedial purpose of c. 151B)
- College-Town, Div. of Interco, Inc. v. Massachusetts Comm’n Against Discrimination, 400 Mass. 156 (Mass. 1987) (supports expansive interpretation of discrimination prohibitions)
- Loeffler v. Staten Island Univ. Hosp., 582 F.3d 268 (2d Cir. 2009) (recognizes associational discrimination under Rehabilitation Act)
- Holcomb v. Iona College, 521 F.3d 130 (2d Cir. 2008) (associational discrimination discussed in Title VII context)
- Den Hartog v. Wasatch Academy, 129 F.3d 1076 (10th Cir. 1997) (ADA associational discrimination discussed)