DISCRIMINATION/SEXUAL HARASSMENT COMPLAINTS

 

The Massachusetts Commission Against Discrimination Process

A Simplified View of the MCAD Process

 

Complaint

• Filed against the Employer and any individuals responsible for the Discrimination/Harassment
• Must be filed within 300 days of the last illegal act.
• It contains the Employee’s/Complainant’s allegations against the

      Employer (Respondent).

 

Position Statement

• The Employer’s response to the allegations of the Employee. 

• Usually a blanket denial of the allegations and a portrayal of the Employee/Complainant as a poor/bad employee.

 

Rebuttal

• The Employee’s response to the Employer’s Position Statement.
• An opportunity to refute issues raised by the Employer in its response to the Employee’s Complaint

 

Investigative Conference

• A meeting between the MCAD Investigator and both parties to gather information surrounding the complaint and to discuss the possibility of a settlement.

 

Discovery

• If a voluntary resolution is not reached by the parties, the MCAD Investigator can order the parties to undertake Discovery.
• Discovery involves the parties requesting information from each other in an attempt to support or refute the allegations of the Employee.
• Discovery involves Interrogatories (Questions asked of the party which must be answered under oath), Production of Documents (requests for documents relative to the allegations), and Depositions (a recorded interview of a party by the other party’s attorney taken under oath before a stenographer).

 

Probable Cause

• If the MACD finds sufficient evidence to support the complaint, a finding of Probable Cause is issued.
• If Probable Cause is found, efforts to resolve the matter are attempted. If the parties fail to resolve their differences, the matter goes to a Public Hearing.

 

Lack of Probable Cause

• If the MCAD determines that there is insufficient evidence to support the complaint, a finding of no Probable Cause is issued.
• The Complainant has 10 days to appeal this determination and the Investigating Commissioner holds an informal hearing where the Complainant explains why he believes the determination of no Probable Cause was incorrect.
• The Investigating Commissioner can make one of three determinations:
  1. Send the matter back for further investigation
  2. Reverse the original determination
  3. Sustain the original determination – case is closed

 

Public Hearing

• A public Hearing is a formal proceeding at which witnesses testify under oath before one of three MCAD Commissioners.
• The Commissioner serves as Judge and Jury and reviews testimony and documents submitted at the Hearing.

 

Decision

• The Commissioner reviews legal briefs submitted at the end of the Public Hearing and issues a decision either in favor of the Complainant or the Respondent.
• If the Commissioner finds in favor of the Respondent, the case is dismissed.
• If the decision is in favor of the Complainant, the MCAD may order any one of a number of remedies.
  1. In employment cases this may include awards of back pay and emotional distress damages
  2. In housing cases this may include monetary damages reflecting housing expenses incurred and emotional distress damages
  3. In both employment and housing cases, reasonable attorney fees and cost may be imposed.

 

 

After filing the initial complaint with MCAD, the Complainant may move to dismiss the Complaint and file in Superior Court.

 

After a Public Hearing, either party may Appeal an adverse Decision of the Commission to the Superior Court.