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CITY OF NEW BEDFORD v. MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION

440 Mass. 450 (2003)

CITY OF NEW BEDFORD vs. MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION & another (and a companion case).

Supreme Judicial Court of Massachusetts, Bristol.

December 2, 2003.

Attorney(s) appearing for the Case

Donald J. Fleming for Henry S. Turgeon, II.

Jonathan M. Silverstein (Darren R. Klein with him) for the plaintiff.

Simone Liebman for Massachusetts Commission Against Discrimination.

John M. Collins for Massachusetts Chiefs of Police Association, Inc., amicus curiae, submitted a brief.

Present: Marshall, C.J., Greaney, Ireland, Spina, Sosman, & Cordy, JJ.

MARSHALL, C.J.

These appeals arise from an arbitrator's decision, subsequently affirmed by the Massachusetts Commission Against Discrimination (MCAD), holding the city of New Bedford (city) liable for handicap discrimination against one of its police officers, Henry S. Turgeon, II. The arbitration had proceeded as part of MCAD's alternative dispute resolution (ADR) program. While the MCAD's review of the arbitrator's award was pending, Turgeon filed a complaint in...

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