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WARFIELD v. BETH ISRAEL DEACONESS MEDICAL CENTER, INC.

SJC-10375

454 Mass. 390 (2009)

CAROL A. WARFIELD v. BETH ISRAEL DEACONESS MEDICAL CENTER, INC., & others.

Supreme Judicial Court of Massachusetts, Suffolk.

July 27, 2009.

Attorney(s) appearing for the Case

John F. Welsh (Jennifer Belli with him) for Beth Israel Deaconess Medical Center, Inc.

Tracey E. Spruce for Harvard Medical Faculty Physicians at Beth Israel Deaconess Medical Center, Inc.

Richard D. Glovsky for Josef E. Fischer.

Ellen J. Zucker (Laura R. Studen with her) for the plaintiff.

Ben Robbins, Martin J. Newhouse, & Jo Ann Shotwell Kaplan, for New England Legal Foundation & another, amici curiae, submitted a brief.

Patricia A. Washienko, for American Civil Liberties Union of Massachusetts & others, amici curiae, submitted a brief.

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

BOTSFORD, J.

The plaintiff, Carol A. Warfield, the former chief of anesthesiology at Beth Israel Deaconess Medical Center, Inc. (BIDMC), filed this action in the Superior Court against her employers, alleging gender-based discrimination and retaliation in violation of G. L. c. 151B, and factually related common-law claims. The BIDMC and the other defendants moved to dismiss Warfield's complaint and compel arbitration on the ground that the employment agreement she...

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