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EVERETT v. THE 357 CORP.

SJC-10238

453 Mass. 585 (2009)

JOSEPH R. EVERETT v. THE 357 CORP. & another.

Supreme Judicial Court of Massachusetts, Norfolk.

April 13, 2009.

Attorney(s) appearing for the Case

Gary M. Feldman for the defendants.

Jeffrey M. Feuer (Lee D. Goldstein with him) for the plaintiff.

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

Nina Joan Kimball, for Charles Hamilton Houston Institute for Race & Justice & others, amici curiae, submitted a brief.

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

MARSHALL, C.J.

The plaintiff, Joseph R. Everett, brought suit in the Superior Court alleging that his former employer, The 357 Corp. and Trans-Lease Group (collectively, the company), discriminated against him in violation of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 et seq. (2000 ed.), and the Massachusetts antidiscrimination statute, G. L. c. 151B, when it did not permit him to return to work as a commercial truck driver after his discharge...

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