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TOWN OF BROOKLINE v. ALSTON

SJC-12974.

487 Mass. 278 (2021)

TOWN OF BROOKLINE v. GERALD ALSTON & another.

Supreme Judicial Court of Massachusetts, Suffolk.

April 27, 2021.

Attorney(s) appearing for the Case

Joseph A. Padolsky for the plaintiff.

Brooks A. Ames for Gerald Alston.

Robert L. Quinan, Jr. , Assistant Attorney General, for Civil Service Commission.

Joseph L. Sulman , for Massachusetts Employment Lawyers Association & another, amici curiae, submitted a brief.

Jin-Ho King & Ilyas J. Rona , for Brookline for Racial Justice and Equity & others, amici curiae, submitted a brief.

Present: BUDD, C.J., GAZIANO, LOWY, CYPHER, KAFKER, WENDLANDT, & GEORGES, JJ.

The issue presented is whether the Civil Service Commission (commission) may consider evidence related to a racially hostile or retaliatory work environment when assessing whether a municipality had just cause to terminate a tenured civil service employee. The underlying dispute in this case began with a racist comment. As Lieutenant...

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