PSY-ED CORPORATION v. KLEIN; HIRSCH

No. SJC-10722.

459 Mass. 697 (2011)

PSY-ED CORPORATION & another v. STANLEY KLEIN & another; DAVID HIRSCH & others, third-party defendants (and a companion case).

Supreme Judicial Court of Massachusetts. Middlesex.

May 12, 2011.


Attorney(s) appearing for the Case

Jeffrey S. Robbins ( A.W. Phinney, III , with him) for Psy-Ed Corporation & another.

Donna M. Brewer for David Hirsch & others.

Kurt S. Kusiak ( A. Hether Cahill with him) for C. Kenneth Mehrling.

George P. Field for Stanley D. Klein.

Dahlia C. Rudavsky ( Kevin C. Merritt with her) for Kimberly Schive.

The following submitted briefs for amici curiae:

Jack F. St. Clair for International Committee Against Mental Illness & others.

Anne L. Josephson , Heidi S. Alexander , & Nina Joan Kimball for Charles Hamilton Houston Institute for Race and Justice & others.

Robert S. Mantell , Elizabeth A. Rodgers , Sara Smolik , & Tara M. Swartz for Massachusetts Employment Lawyers Association.

Simone R. Liebman & Catherine Ziehl for Massachusetts Commission Against Discrimination.

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


BOTSFORD, J.

This case involves bitter litigation spanning more than a decade. It raises the question, among others, whether actions taken by an employer against a former employee may violate G. L. c. 151B, § 4(4) and (4A), sections of the antidiscrimination law that respectively prohibit retaliation and interference with a protected right. On this question, we conclude that an employer or other person may be liable to a former employee under these sections for...

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