Submitted by Anonymous on Wed, 07/06/2011 - 07:41
I work in Massachusetts and have a wife who is American but was born in China. My idiot of a boss thinks it's funny to ask me questions like "how is your china doll?" and to ask me questions about possible difference in our sex life (based on my wife's ethnicity). I know the guy is a fool and I should probably ignore it, but not a week goes by when he doesn't make some discriminatory comment. My question is whether I can sue him and the company for racial discrimination against me because of my wife? Does that make any sense under MA law? Thanks.
Unlawful associational race discrimination in MA
Very interesting question. Earlier this year, there was a case that came before the Massachusetts Commission Against Discrimination that sounds very similar to your situation. A Caucasian employee claimed he was subjected to unlawful race discrimination because of racial comments and slurs having to do with the complainant's fiancee, who is Jamaican. The complainant's caucasian boss asked such charming things as: “How’s the porch monkey life?”
Before the MCAD, the employee sought damages and accused his boss of engaging in unlawful associational race discrimination. The Commission Against Discrimination bought the theory and awarded the claimant $50,000.00 for intentional infliction of emotional distress. Additionally, The MCAD issued a $10,000.00 civil penalty against the employer.
I don't know of any court cases in Massachusetts where the theory of associational race discrimination has been accepted. The theory has been applied by the MCAD in the context of housing and religious discrimination. Similarly, courts in other states have accepted the theory and awarded damages. If I were you, I'd talk to a Massachusetts employment law attorney.