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TRUSTEES OF HEALTH & HOSPITALS OF BOSTON, INC. v. MASSACHUSETTS COMM'N AGAINST DISCRIMINATION

449 Mass. 675 (2007)

TRUSTEES OF HEALTH AND HOSPITALS OF THE CITY OF BOSTON, INC. v. MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION & others.

Supreme Judicial Court of Massachusetts, Suffolk.

August 10, 2007.

Attorney(s) appearing for the Case

Anne L. Josephson (Marc L. Breakstone with her) for Gloria Coney.

Christine M. Hayes (John M. Townsend & Fatema Fazendeiro with her) for the plaintiff.

Martin S. Ebel, for Massachusetts Commission Against Discrimination, was present but did not argue.

Kelly M. Bonnevie, for Veronica Higginbottom & others, was present but did not argue.

Patricia A. Washinenko & Rebecca G. Pontikes, for American Civil Liberties Union of Massachusetts & others, amici curiae, submitted a brief.

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

SPINA, J.

The Massachusetts Commission Against Discrimination (MCAD) adopted a hearing commissioner's determination that the Trustees of Health and Hospitals of the City of Boston, Inc. (Trustees), unlawfully discriminated against the five individual complainants on the basis of their race (African-American) and gender (female) by subjecting them to harsh treatment in the implementation of layoffs on July 19 and 20, 1994...

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