STONEHILL COLLEGE v. MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION


441 Mass. 549 (2004)

STONEHILL COLLEGE v. MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION & another. WILFERT BROTHERS REALTY CO. v. MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION & another. KEYLAND CORPORATION & another v. MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION & another. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY v. MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION & another.

Supreme Judicial Court of Massachusetts, Bristol, Middlesex, Dukes, Suffolk.

May 6, 2004.


Attorney(s) appearing for the Case

M. Robert Dushman for Stonehill College.

Robert L. Quinan, Jr., Assistant Attorney General, & Beverly I. Ward & Steven S. Locke (Wendy A. Cassidy, J. Lynn Milinazzo-Gaudet, & Simone R. Liebman with them) for Massachusetts Commission Against Discrimination.

Nancy S. Shilepsky (Patricia A. Washienko with her) for Soo Tang Tan.

Robert S. Mantell for David Keeling & another.

Albert F. Cullen, Jr., for Wilfert Brothers Realty Company.

Amy L. Hanson (James F. Rogers, II, with her) for Brenda Raffurty.

Bernard J. Hamill (David A. Robinson with him) for Keyland Corporation & another.

Walter M. Foster (Sarah E. Lent with him) for Massachusetts Bay Transportation Authority.

The following submitted briefs for amici curiae:

Christine Hughes, Arthur G. Telegen, Anjali Parekh Prakash, Richard L. Alfred, Sally L. Adams, & James M. Paulson for New England Legal Foundation & others.

Joel P. Suttenberg for Jewish Alliance for Law and Social Action.

James S. Weliky, Laura M. Unflat, & Robert S. Mantell for Massachusetts Employment Lawyers Association.

Anne L. Josephson, Sarah Wunsch, Ellen J. Zucker, Nadine Cohen, & James S. Weliky for American Civil Liberties Union of Massachusetts & others.

Thomas F. Reilly, Attorney General, & John E. Bowman, Jr., Assistant Attorney General, for the Attorney General.

David A. Robinson for town of Agawam.

Martin J. Rooney for Acushnet Housing Authority & others.

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


GREANEY, J.

These cases arise under G. L. c. 151B. In each case, the Massachusetts Commission Against Discrimination (MCAD or commission) entered decisions finding the respondents liable for employment discrimination and awarded relief including damages for emotional distress. The respondents have sought judicial review of the MCAD's decision pursuant to G. L. c. 151B, § 6, in accordance with standards set forth in G. L. c. 30A, § 14, and also have sought...

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