seasonable claim in Massachusetts

2007Even where a claim arising from earlier conduct is time-barred, moreover (for example, because the complainant knew or should have known at the time that the conduct was discriminatory), “a ‘plaintiff who has a seasonable claim may use events that occurred prior to the six-month limitation period as background evidence . . . even though she cannot recover damages for the time-barred events.’ ” Id. at 647, quoting Cuddyer, 434 Mass. at 530 .

2006Cuddyer v. Stop & Shop Supermarket Co., 434 Mass. 521 , 530 n.10 (2001) (“plaintiff who has a seasonable claim may use events that occurred prior to the six-month limitation period as background evidence . . . even though she cannot recover damages for the time-barred events”). 2.

2004We have held in the hostile work environment context that a “plaintiff who has a seasonable claim may use events that occurred prior to the six-month limitation period as background evidence . . . even though she cannot recover damages for the time-barred events.” Cuddyer v. Stop & Shop Supermarket Co., 434 Mass. 521 , 530 n.10 (2001), citing Sabree v. United Bhd. of Carpenters & Joiners, Local No. 33, 921 F.2d 396 , 400 n.9 (1st Cir. 1990).

2001See Sabree v. United Bhd. of Carpenters & Joiners, Local No. 33, 921 F.2d 396 , 400 n.9 (1st Cir. 1990).

2004Similarly, evidence of an employer’s previous responses or inaction to an employee’s request for accommodation is relevant as background evidence to determine whether subsequent actions by the employee should be understood as requests for accommodation, and whether the employer’s response to a subsequent request meets the “employer’s obligation to participate in the interactive process.” Russell v. Cooley Dickinson Hosp., Inc., 437 Mass. 443, 457 (2002), quoting Taylor v. Principal Fin.