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CARLETON v. COMMONWEALTH

447 Mass. 791 (2006)

CHRISTOPHER CARLETON vs. COMMONWEALTH & others.

Supreme Judicial Court of Massachusetts, Suffolk.

December 7, 2006.

Attorney(s) appearing for the Case

Harold L. Lichten (Shannon Liss-Riordan with him) for the plaintiff.

Robert L. Quinan, Jr., Assistant Attorney General, for the Commonwealth & another.

Mary A. Maslowski for city of Marlborough.

The following submitted briefs for amici curiae:

Robert S. Mantell for Massachusetts Employment Lawyers Association.

Michele E. Randazzo for city of Everett & others.

Beverly I. Ward & J. Lynn Milinazzo-Gaudet for Massachusetts Commission Against Discrimination.

Thomas J. Urbelis, Carol Hajjar McGravey, & Margaret J. Hurley for City Solicitors and Town Counsel Association.

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

CORDY, J.

Christopher Carleton is hearing impaired. He was denied employment as a fire fighter by the city of Marlborough (city) due to his inability to pass a hearing test based on standards promulgated by the Commonwealth's division of human resources (division) at the direction of, and later approved by, the Legislature. See G. L. c. 31, § 61A. As a result, he commenced this action against the Commonwealth, the personnel administrator of the division, and...

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