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MODERN CONTINENTAL/OBAYASHI v. MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION

445 Mass. 96 (2005)

MODERN CONTINENTAL/OBAYASHI v. MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION & another.

Supreme Judicial Court of Massachusetts, Suffolk.

September 7, 2005.

Attorney(s) appearing for the Case

Richard D. Wayne for the plaintiff.

Beverly I. Ward for Massachusetts Commission Against Discrimination.

James B. Cox for Whatleigh Edmands.

John D. O'Reilly, III, Karl J. Gross, & James F. Grosso, for Associated General Contractors of Massachusetts, Inc., & others, amici curiae, submitted a brief.

Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, & Sosman, JJ.

SOSMAN, J.

Modern Continental/Obayashi (Modern) sought judicial review of a decision by the Massachusetts Commission Against Discrimination (MCAD) finding Modern liable for sex discrimination when Modern failed to protect one of its employees from harassment by employees of one of Modern's subcontractors. A judge in the Superior Court affirmed the MCAD's decision, and Modern appealed. We transferred the case to this court on our own motion. Although we reject Modern...

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