BROWN v. F.L. ROBERTS & CO., INC.

SJC-10155

452 Mass. 674 (2008)

BOBBY T. BROWN v. F.L. ROBERTS & CO., INC.

Supreme Judicial Court of Massachusetts, Hampshire.

December 2, 2008.


Attorney(s) appearing for the Case

Joel Feldman for the plaintiff.

Claire L. Thompson (Rebecca L. Bouchard with her) for the defendant.

Beverly I. Ward, for Massachusetts Commission Against Discrimination, amicus curiae, submitted a brief.

Joel Eigerman, Sarah Wunsch, & Sara Smolik, for American Civil Liberties Union of Massachusetts & others, amici curiae, submitted a brief.

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


IRELAND, J.

In June, 2006, the plaintiff filed a complaint in the Superior Court pursuant to G. L. c. 151B, § 4(1A), claiming that a new grooming policy at one of the defendant's businesses, which required all employees who had customer contact to be clean shaven, discriminated against him due to his religion. The parties filed cross motions for summary judgment. A Superior Court judge concluded that, as a matter of law, an exemption from the grooming policy...

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