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OCEAN SPRAY CRANBERRIES, INC. v. MASSACHUSETTS COMMISSION

441 Mass. 632 (2004)

OCEAN SPRAY CRANBERRIES, INC. v. MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION & another.

Supreme Judicial Court of Massachusetts, Suffolk.

May 12, 2004.

Attorney(s) appearing for the Case

Kay H. Hodge for the plaintiff.

Michael M. Kramer for Richard Rapoza.

Steven S. Locke (Wendy A. Cassidy with him) for Massachusetts Commission Against Discrimination.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, SOSMAN, & CORDY, JJ.

CORDY, J.

This case requires us to decide whether and how the "continuing violation" doctrine applies to an action alleging that an employer failed to provide a reasonable accommodation to a handicapped employee in violation of G. L. c. 151B, § 4.

1. Procedural history. On September 15, 1995, Richard Rapoza filed charges of discrimination against his former employer, Ocean Spray Cranberries, Inc. (Ocean Spray), with the Massachusetts Commission...

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