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In plaintiff's disability discrimination action against his former employer under the ADA, summary judgment for defendant is affirmed where: 1) the district court correctly determined that the allegations of discrimination encompassed by his 2001 Massachusetts Commission Against Discrimination (MCAD) charge placed a limitation on the claims plaintiff can present now, and as such, plaintiff could only pursue his action with respect to alleged acts of discrimination that occurred in the 300-day window preceding his 2001 MCAD charge; and 2) the district court correctly determined that, assuming the 2001 MCAD complaint was properly limited, plaintiff's remaining allegations did not support his claims of violations of the ADA.
Appeal from the United States District Court for the District of Massachusetts
Decided November 12, 2009
Opinion by Gajarsa, Circuit Judge
For Appellant: Michael Tumposky, Stephen B. Hrones
For Appellee: Elizabeth A. Kowal, and Susan J. Baronoff