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BOURNEWOOD HOSP. v. MASS COMM'N AGAINST DISCRIMINATION

371 Mass. 303 (1976)

358 N.E.2d 235

BOURNEWOOD HOSPITAL, INC. vs. MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION & another.

Supreme Judicial Court of Massachusetts, Norfolk.

November 4, 1976.

Attorney(s) appearing for the Case

Robert S. Cohen for Ellen J. Silberberg, intervener.

William B. Baker for Bournewood Hospital, Inc.

Francis X. Bellotti, Attorney General, & Patricia C. Gunn, for the Commonwealth, amicus curiae, submitted a brief.

Present: HENNESSEY, C.J., BRAUCHER, KAPLAN, & WILKINS, JJ.

HENNESSEY, C.J.

On October 28, 1970, Ellen J. Silberberg filed a complaint (the first complaint) with the Massachusetts Commission Against Discrimination (MCAD), in which she alleged that Bournewood Hospital, Inc. (Bournewood or the hospital), was discriminating against her on the basis of sex in violation of G.L.c. 151B, § 4, cl. 1.2 In the first complaint, Silberberg claimed that she was being paid ten cents an hour less than male...

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