Associational Retaliation

News & Analysis as of

Care for parent leads to firing

Can an employer terminate an employee out of a belief that the employee is too distracted from his job duties due to caring for a relative with a disability? That was the issue in the recent case, Kourimihelakis v. Hartford...more

Discrimination Claim—Based on Association to Disabled Relative—Survives Dismissal Request

In Rope v. Auto-Chlor System of Washington, Inc., plaintiff Scott Rope, a former branch manager for Auto-Chlor, sued his employer for violation of the newly-enacted Michelle Maykin Memorial Donation Protection Act,...more

Employee Stated a Claim for Associational Discrimination when Fired After Seeking Time Off to Donate a Kidney to his Sister

A trial court dismissed a lawsuit by a former employee against an employer who fired him after he requested leave to donate a kidney to his physically disabled sister. A court of appeal held that the trial court erred in...more

Associational Discrimination Claims under Massachusetts Law Require More than Just Association

“Associational discrimination” refers to a claim that a plaintiff, though not a member of a protected class, was still subjected to some type of adverse action because of his or her association with a member of a protected...more

Employment Law - Nov 20, 2013

Third-Party Harassment Costs Employer $30,000 - Why it matters: Employers, take note: harassment in the workplace can be committed not just by supervisors and coworkers, but by third parties such as customers,...more

Supreme Judicial Court Holds That Associational Disability Discrimination Claim is Valid Under Chapter 151B

What you need to know: The Massachusetts Supreme Judicial Court recently held that a former employee who claimed that he was fired because his employer did not want to pay for his disabled wife’s healthcare coverage...more

Massachusetts High Court Approves State Law Associational Handicap Discrimination Claim

In a case of first impression, the Massachusetts Supreme Judicial Court (SJC) has approved a worker’s claim under the Commonwealth’s anti-discrimination law, Mass. G.L. c. 151B, that his former employer discriminated against...more

Massachusetts Supreme Judicial Court Holds That Chapter 151B Prohibits Associational Discrimination

On July 19, 2013, the Massachusetts Supreme Judicial Court (SJC) held in Flagg v. AliMed, Inc. that a non-disabled employee can sue his employer for disability discrimination under Chapter 151B, the state anti-discrimination...more

“Associational Retaliation” Actionable, But Claim Still Booted

The U.S. District Court for the Northern District of Illinois granted a company summary judgment on an “associational retaliation” claim brought under Title VII by a temporary worker claiming the company ended her assignments...more

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