The Supreme Judicial Court, in the circumstances of this case, determined that G.L. c. 151B, § 4(16) prohibits associational discrimination based on handicap.
The allegations of the complaint were as follows. Plaintiff was an eighteen-year employee with good performance reviews. On December 7, 2007, plaintiff’s spouse underwent surgery for a brain tumor, and thereafter required rehabilitative care. As a result, plaintiff became responsible for his children’s care, and on occasion had to pick up his daughter from school and was absent from work for approximately 25 minutes on such afternoons. Plaintiff did this on various days between December 27, 2007 and January 15, 2008, and would not punch out and back into work on such occasions.