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MACAULEY v. MASSACHUSETTS COMM. AGAINST DISCRIMINATION

379 Mass. 279 (1979)

397 N.E.2d 670

ROBERT MACAULEY vs. MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION.

Supreme Judicial Court of Massachusetts, Suffolk.

November 29, 1979.

Attorney(s) appearing for the Case

Robert Emmet Dinsmore for the plaintiff.

Jeffrey J. Binder for the defendant.

John P. Ward, for Gay & Lesbian Advocates & Defenders, Inc., amicus curiae, submitted a brief.

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

BRAUCHER, J.

The plaintiff filed a complaint with the Massachusetts Commission Against Discrimination (MCAD) alleging that he was discriminated against in his employment because of his homosexuality. The MCAD returned the complaint "because of lack of jurisdiction," stating that G.L.c. 151B, § 4, "does not include sexual preference." The plaintiff brought this action for declaratory and injunctive relief to resolve...

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