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PELLETIER v. TOWN OF SOMERSET

SJC-10654

458 Mass. 504 (2010)

KIM PELLETIER v. TOWN OF SOMERSET & another.

Supreme Judicial Court of Massachusetts, Bristol.

December 10, 2010.

Attorney(s) appearing for the Case

Carlin J. Phillips ( Joseph P. Fingliss , Jr., with him) for the plaintiff.

David D. Dowd for the defendants.

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

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

BOTSFORD, J.

The plaintiff, Kim Pelletier, worked as a laborer for the highway department of the town of Somerset (town) from 1984 to 2000. In 2003, after first filing a complaint with the Massachusetts Commission Against Discrimination (MCAD), the plaintiff commenced an action in the Superior Court against the town and the highway department seeking damages for discriminating against her on the basis of gender and sexual orientation, for subjecting her to sexual...

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