FLAGG v. ALIMED, INC.

No. SJC-11182.

466 Mass. 23 (2013)

MARC FLAGG v. ALIMED, INC.

Supreme Judicial Court of Massachusetts, Norfolk.

July 19, 2013.


Attorney(s) appearing for the Case

Marc S. Alpert for the plaintiff.

James J. Rooney for the defendant.

The following submitted briefs for amici curiae:

John Pagliaro & Martin J. Newhouse for New England Legal Foundation & another.

J. Lynn Milinazzo-Gaudet for Massachusetts Commission Against Discrimination.

Rebecca G. Pontikes , Jonathan J. Margolis , & Beth R. Myers for National Employment Lawyers Association, Massachusetts Chapter, & others.

Matthew Segal , Sarah Wunsch , Anne Josephson , & Richard S. Loftus for American Civil Liberties Union of Massachusetts & others.

Janet Steckel Lundberg for Women's Bar Association of Massachusetts.

Martha Coakley , Attorney General, & Joshua D. Jacobson & Gabrielle Viator , Assistant Attorneys General, for the Commonwealth.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.


BOTSFORD, J.

The Commonwealth's antidiscrimination statute, G. L. c. 151B, § 4 (16), bars employment discrimination on the basis of handicap. This case presents the question whether the statute bars an employer from discriminating against its employee based on the handicap of a person with whom the employee associates. We answer that, in the circumstances of this case, it does.1

Background. The plaintiff, Marc Flagg...

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