Legal Opinion
Modern Continental/Obayashi v. Massachusetts Commission Against Discrimination
Massachusetts Supreme Judicial Court
Decided September 7, 2005PublishedCited by 14 opinions
1Opinion of the CourtSosman, J.
Modem Continental/Obayashi (Modem) sought judicial review of a decision by the Massachusetts Commission Against Discrimination (MCAD) finding Modem liable for sex discrimination when Modern failed to protect one of its employees from harassment by employees of one of Modem’s subcontractors. A judge in the Superior Court affirmed the MCAD’s decision, and Modem appealed. We transferred the case to this court on our own motion. Although we reject Modem’s contention that an employer can never be liable for sexual harassment perpetrated by outside third parties, we agree that, on this record,…
2Cases cited24 opinions
- Adler v. Wal-Mart Stores, Inc.Court of Appeals for the Tenth Circuit · 1998
- Kerry Ellison v. Nicholas F. Brady, Secretary of the TreasuryCourt of Appeals for the Ninth Circuit · 1991
- Susan McKENZIE, Plaintiff-Appellant, v. ILLINOIS DEPARTMENT OF TRANSPORTATION, Defendant-AppelleeCourt of Appeals for the Seventh Circuit · 1996
- Marcia L. Saxton v. American Telephone and Telegraph Company, Successor to at & T Bell LaboratoriesCourt of Appeals for the Seventh Circuit · 1993
- College-Town, Division of Interco, Inc. v. Massachusetts Commission Against DiscriminationMassachusetts Supreme Judicial Court · 1987
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3Cited by14 opinions
- Salvi v. Suffolk County Sheriff's DepartmentMassachusetts Appeals Court · 2006
- Brown v. F.L. Roberts & Co.Massachusetts Supreme Judicial Court · 2008
- Thomas O'Connor Constructors, Inc. v. Massachusetts Commission Against DiscriminationMassachusetts Appeals Court · 2008
- Delia v. Verizon Communications Inc.Court of Appeals for the First Circuit · 2011
- Cooney v. Compass Group FoodserviceMassachusetts Appeals Court · 2007
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