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CLIFTON v. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY

No. 02-P-781.

62 Mass. App. Ct. 164 (2004)

HIRAM CLIFTON v. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY.

Appeals Court of Massachusetts, Suffolk.

September 30, 2004.

Attorney(s) appearing for the Case

Walter M. Foster for the defendant.

Kevin G. Powers for the plaintiff.

Marisa Campagna, Theresa Finn-Dever, & James S. Weliky, for National Employment Lawyers Association, Massachusetts Chapter, amicus curiae, submitted a brief.

Present: Armstrong, C.J., Kaplan, & Porada, JJ.

PORADA, J.

In 1995 Hiram Clifton brought an action in the Superior Court against the Massachusetts Bay Transportation Authority (MBTA) alleging that, because of his race, he was subjected to a hostile work environment, in violation of G. L. c. 151B, § 4(1), and was harassed in retaliation for his complaints about discriminatory acts directed at him, in violation of G. L. c. 151B, § 4(4). A jury returned a special verdict

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