LAVELLE v. MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION


426 Mass. 332 (1997)

JAMES LAVELLE v. MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION & others.

Supreme Judicial Court of Massachusetts, Hampden.

December 23, 1997.


Attorney(s) appearing for the Case

John F. Moriarty for the plaintiff.

Thomas O. Bean, Assistant Attorney General, for Massachusetts Commission Against Discrimination.

The following submitted briefs for amici curiae:

James M. Paulson, Robert P. Morris & Patricia Lim for Associated Industries of Massachusetts.

Seymour Weinstein & Karen L. Stern for Jewish Nursing Home Center, Inc.

Jane K. Alper, Nan Myerson Evans & Wendy A. Kaplan for the National Employment Lawyers Association & another.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, FRIED, MARSHALL, & IRELAND, JJ.


WILKINS, C.J.

In Dalis v. Buyer Advertising, Inc., 418 Mass. 220 (1994) (Dalis), this court held that a plaintiff alleging gender-based discrimination in a judicial proceeding was entitled, as a matter of State constitutional right, to a trial by jury. Cf. MacCormack v. Boston Edison Co., 423 Mass. 652, 655 (1996) (claimant asserting unlawful retaliation has...

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