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THE SUPREME JUDICIAL COURT IS SOLICITING AMICUS BRIEFS OR MEMORANDA FROM INTERESTED PARTIES IN THE FOLLOWING MATTER PENDING BEFORE THE COURT

ARGUMENT IS SCHEDULED FOR OCTOBER 2008.

SJC-10238

Joseph R. Everett v. The 357 Corporation & another

In this disability discrimination case brought by a commercial truck driver for his employer's failure to rehire him after a diagnosis of mental illness, the issues presented, among others, are whether, having based his claim on his U. S. Department of Transportation qualification, the plaintiff was required to exhaust his administrative remedies under DOT regulations; whether that issue was waived by the employer; whether the 1999 failure to rehire was a discrete act or a continuing violation for purposes of the plaintiff's 1996 discrimination claim before the MCAD.

Interested parties may file their briefs in the Office of the Clerk for the Commonwealth, John Adams Courthouse, Suite 1-400, Pemberton Square, Boston MA 02108-1724 (Telephone 617-557-1020). Parties filing amicus briefs are expected to comply with the requirements of Rules 17, 19 and 20 of Mass. Rules of Appellate Procedure. Amicus briefs, to assist the court, should focus on the ramifications of a decision and not solely on the interests of the parties filing such briefs.

July 23, 2008