PEREIRA v. COMMISSIONER OF SOCIAL SERVICES


432 Mass. 251 (2000)

LINDA M. PEREIRA v. COMMISSIONER OF SOCIAL SERVICES & another.

Supreme Judicial Court of Massachusetts, Suffolk.

August 9, 2000.


Attorney(s) appearing for the Case

Mark P. Sutliff, Assistant Attorney General, for the defendants.

Eric S. Maxwell for the plaintiff.

Present: MARSHALL, C.J., ARRAMS, GREANEY, IRELAND, SPINA, & COWIN, JJ.


MARSHALL, C.J.

We consider whether an investigator employed by the Department of Social Services (DSS or department) may be disciplined for making an offensive racist comment at a testimonial dinner for retiring members of a city council. We conclude that the decision taken by a public agency to discharge her must be upheld. We reverse an order of summary judgment in favor of the employee.

In September, 1996, Linda...

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