This section contains the nature of the case and procedural background.

Upton (P) was the mother of a young son whom she cared for and supported entirely from her earnings. P commuted to work with JWP Business Land (D) from Cape Cod to Canton. When P was hired in 1991, she was told her work hours would be from 8:15-5:30 with a need to work late one or two days each month. P obtained appropriate child-care. In fact, the requirements of her job kept her there until 6:30 to 7:00 daily. This time began to creep later and later as job progressed. In July 1991, P was told she would have to work until 9:00 or 10:00 each evening and all Saturday for at least several months. P told D she could not work such hours because of her son. She was discharged two weeks later.

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