MELNYCHENKO v. 84 LUMBER COMPANY


424 Mass. 285 (1997)

LEONID LENNY MELNYCHENKO & others v. 84 LUMBER COMPANY.

Supreme Judicial Court of Massachusetts, Hampden.

February 18, 1997.


Attorney(s) appearing for the Case

Jay M. Presser for the defendant.

Charles V. Ryan (Timothy J. Ryan with him) for Leonid Lenny Melnychenko.

Clifford Heaton, for Stephen LaRochelle, was present but did not argue.

Mary Lisa Bonauto & Nan Evans for Gay & Lesbian Advocates & Defenders & others, amici curiae, submitted a brief.

Scott Harshbarger, Attorney General, & Catherine Ziehl, Assistant Attorney General, for the Attorney General, amicus curiae, submitted a brief.

Present: WILKINS, C.J., ABRAMS, LYNCH, O'CONNOR, GREANEY, FRIED, & MARSHALL, JJ.


WILKINS, C.J.

A judge in the Superior Court ruled that Richard Raab, an employee of the defendant corporation at its West Springfield store, engaged in "sexual harassment," as defined in G. L. c. 151B, § 1 (18), and that it did not matter what Raab's sexual orientation was or whether Raab intended to have a sexual relationship with any of the plaintiffs, all of whom are male. The principal issue in this case is whether same-sex sexual harassment is prohibited...

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