Lavelle v. Massachusetts Commission Against Discrimination

In Dalis v. Buyer Advertising, Inc., 418 Mass. 220 (1994) (Dalis), this court held that a plaintiff alleging gender-based discrimination in a judicial proceeding was entitled, as a matter of State constitutional right, to a trial by jury. Cf. MacCormack v. Boston Edison Co., 423 Mass. 652, 655 (1996) (claimant asserting unlawful retaliation has right to jury trial); Whalen v. NYNEX Info. Resources Co., 419 Mass. 792, 795 (1995) (same for person asserting handicap discrimination). We concluded that art. 15 of the Massachusetts Declaration of Rights applied to the plaintiff’s sex discrimination…