Allied Universal Benefits to Domestic Partners Massachusetts Class Action

Who may be included in a domestic partnership? This unusual pro-se class action brings suit against Allied Universal and its subsidiary Universal Protection Service, LLC, alleging that Allied Universal must extend employee medical insurance benefits to all three wives of a Muslim man if they can be registered as domestic partners. The company insists that its definition of domestic partners includes only two individuals.

The class for this action is stated to be practicing Muslims in Massachusetts, presumably those applying for employee benefits for families with multiple adults in partnership.

Allied Universal offers benefits to its employees, including medical insurance. It appears that the plaintiff in this case, Nubian Mohammed, is an employee who has been offered such insurance.

The religion of Islam permits a man to have up to four wives. Mohammed argues that “in addition to Islam being a religion, Islam is a way of life…” Mohammed himself has three wives in an Islamic marriage and wishes to have equal medical insurance coverage for all of them through Allied Universal.

Allied Universal does extend benefits to registered domestic partners, but it argues that its definition of “domestic partnership” includes only two individuals.

The complaint (or Statement of Claim) says Mohammed was given an Allied Universal benefits pamphlet which it quotes as saying, “You may enroll your spouse, domestic partner and children up to age 26 in Allied Universal Benefits… You will be required to provide documentation proving your dependent(s) are eligible for Allied Universal coverage, such as, but not limited to … Proof of domestic partnership, such as documentation of registration or if your state or local government does not have a registry, a signed Affidavit of Domestic Partnership or Civil Union.”

Included in the exhibits to the complaint is correspondence between Mohammed and the company in which Mohammed appears to argue that he and his three wives should be regarded as a domestic partnership. So far, the company has rejected this claim and denied them coverage.

Exhibit 26 attached to the complaint is an article from WickedLocal.com that notes that on June 29, 2020, the city of Somerville, Massachusetts has changed its laws to recognize domestic partnerships as possibly including more than two persons. Also attached to the complaint are application papers for such a domestic partnership in Somerville.

Domestic partnerships must be exclusive, no matter how many people are included; none of the members may be married to others. Despite the fact that Mohammed is married to his wives according to Islam, he argues that “Islamic marriages are not recognized legally in the state of Massachusetts or any other state…” Presumably, he is arguing that, as his three marriages cannot be legally recognized, he can deem himself and his wives unmarried and thereby qualify for a domestic partnership.

It is not clear that Mohammed has actually applied for or been granted registration of such a domestic partnership. His address lists Boston and not Somerville as his city of residence.

Article Type: Lawsuit
Topic: Employment
Tags: Denial of Benefits, Domestic Partnership, Employment Benefits