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MASSACHUSETTS BAY TRANSPORTATION AUTHORITY v. MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION

450 Mass. 327 (2008)

MASSACHUSETTS BAY TRANSPORTATION AUTHORITY v. MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION & another.

Supreme Judicial Court of Massachusetts, Suffolk.

January 4, 2008.

Attorney(s) appearing for the Case

Mark W. Batten for the plaintiff.

Gerald E. Katz for David Marquez.

Beverly I. Ward for Massachusetts Commission Against Discrimination.

The following submitted briefs for amici curiae:

Todd R. McFarland, of Maryland, Charles M. Kester, of Arkansas, & Charles J. Eusey for General Conference of Seventh-Day Adventists.

Rebecca Pontikes & Patricia A. Washienko for Jewish Alliance for Law and Social Action & others.

Douglas Taylor, of Virginia, & John F. McMahon for Local 589 of the Amalgamated Transit Union.

Mary T. Sullivan & Donald J. Siegel for Massachusetts AFL-CIO.

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

CORDY, J.

The Massachusetts Bay Transportation Authority (MBTA) appeals from a judgment of the Superior Court affirming a determination of the Massachusetts Commission Against Discrimination (MCAD) that the MBTA discriminated against a prospective employee, David Marquez, in violation of G. L. c. 151B, § 4 (1A).2 More specifically, the MCAD determined that the MBTA failed reasonably to accommodate...

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