Legal Opinion

Martins v. University of Massachusetts Medical School

Massachusetts Appeals Court

Decided October 30, 2009No. 08-P-1343PublishedCited by 10 opinions

1Opinion of the CourtBrown, J.

The point of law we are required to clarify in this case is whether a complainant seeking a judicial remedy for discrimination who has satisfied his administrative requirements may bring parallel claims under G. L. c. 93, §§ 102-103, the Massachusetts Equal Rights Act (MERA), in addition to his G. L. c. 15 IB claims in court. Although the Supreme Judicial Court unequivocally answered this question in the negative in 1994, an element of uncertainty has crept into the case law. We now reiterate that where, as here, G. L. c. 15IB remedies are or were available to a complainant, those remedies…

2Cases cited39 opinions

  1. CBOCS West, Inc. v. HumphriesSupreme Court of the United States · 2008
  2. Jimmie E. Woods v. Friction Materials, Inc.Court of Appeals for the First Circuit · 1994
  3. Foley v. Polaroid Corp.Massachusetts Supreme Judicial Court · 1987
  4. Correllas v. ViveirosMassachusetts Supreme Judicial Court · 1991
  5. Ayash v. Dana-Farber Cancer InstituteMassachusetts Supreme Judicial Court · 2005

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3Cited by10 opinions

  1. Lopez v. CommonwealthMassachusetts Supreme Judicial Court · 2012
  2. Shervin v. Partners Healthcare System, Inc.District Court, D. Massachusetts · 2014
  3. USF Insurance Co. v. LangloisMassachusetts Appeals Court · 2014
  4. Flint v. City of Bos.Massachusetts Appeals Court · 2018
  5. Bohigian v. University of Massachusetts Medical CenterMassachusetts Superior Court · 2012

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