United States First Circuit

In an action alleging that defendant did not hire plaintiff because of discrimination based on disability, judgment for defendant is affirmed where, because the jury already concluded that plaintiff suffered no discriminatory harm and he alleged no other cognizable harm, even if the court of appeals assumed that a private cause of action was available under the Massachusetts Fair Employment Practices Act, plaintiff's claim would necessarily fail.

Appellate Information

• Decided 06/15/2010
• Published 06/15/2010

Judges

• STAHL, Circuit Judge., Before LYNCH, Chief Judge, SOUTER, Associate Justice, and STAHL, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Kevin G. Powers with whom Linda Evans and Rodgers, Powers & Schwartz LLP were on brief for appellant., Catherine Ziehl, General Counsel/Special Assistant Attorney General, and Beverly Ward, Commission Counsel, were on brief for the Commonwealth of Massachusetts Commission Against Discrimination, amicus curiae.


• For Appellees:
  
• David C. Casey with whom Amy E. Mendenhall and Littler Mendelson P.C. were on brief for appellee.