Navigating workplace discrimination can be daunting and complex. Fortunately, in Massachusetts, employees have a robust ally in the Massachusetts Commission Against Discrimination (MCAD). Understanding the role of the MCAD is essential for employees who believe they have experienced discrimination at work. This blog article will delve into what the MCAD does, the types of discrimination it addresses, and how employees can file a complaint.

What is the MCAD?

The Massachusetts Commission Against Discrimination (MCAD) is the state’s chief civil rights agency. Established to enforce the state’s anti-discrimination laws, the MCAD is responsible for investigating, prosecuting, adjudicating, and resolving complaints of discrimination in various areas, including employment as well as other public arenas.

Types of Discrimination Addressed by MCAD

MCAD handles employment complaints of discrimination based on several protected characteristics, including but not limited to:

  • Race and Color
  • National Origin
  • Ancestry
  • Religion
  • Sex
  • Pregnancy and lactation
  • Gender Identity
  • Sexual Orientation
  • Age (individuals 40 or over)
  • Disability
  • Genetic Information
  • Military Status
  • Criminal Record (in certain contexts)
  • Sexual harassment (as a form of sex discrimination)
  • Other harassment related to one or more of the above protected classes

Generally, employers with six or more employees are subject to the state’s anti-discrimination statute, M.G.L. Ch. 151B.  There are exceptions.

Any adverse employment actions taken against an individual because of one of these characteristics can be grounds for a discrimination complaint.  Adverse employment actions can include actions with a negative financial impact (for example, a demotion or termination) or actions that cause a hostile work environment (for example, the use of racial slurs in the workplace).

Discrimination claims have a rather short statute of limitations, or deadline, by which to file.  If you think you have experienced discrimination, it is important to act quickly.

Retaliation

Reporting a suspected incident of discrimination, whether to MCAD or other governmental actor, or to your boss, other managerial personnel, or human resources department, is a “protected activity” under the law.  This means that your employer cannot retaliate against you because you made the report.  Retaliation cases similarly have a short deadline by which to file.

It is important to note that other types of retaliation, such as retaliation for taking parental or medical leave, or for whistleblowing, are also illegal. However, they are not claims handled by the MCAD.

How to File a Complaint with MCAD

If you believe you have been discriminated against at work, you may decide to file a complaint with the MCAD.  Talking with an attorney can help you understand the MCAD process and the pros and cons of filing your claim.  The MCAD process includes the following:

  1. File the Complaint: Complaints, sometimes called “Charges,” can be filed in person at an MCAD office, by mail, or online. You will need to complete an Intake Questionnaire and a Complaint Form. This initial step must be done within 300 days of the alleged discriminatory act, though there are exceptions to this rule.
  2. Investigation: Once a Complaint is filed, the MCAD will notify the employer and commence an investigation.  The Employer will be required to file a Position Statement, in which they must respond to the allegations in the Complaint. The investigatory process includes collecting evidence, interviewing witnesses, and reviewing relevant documents.
  3. Preliminary Determination: After the investigation, the MCAD will issue a preliminary determination. If the MCAD finds probable cause to believe discrimination occurred, the case moves forward. If no probable cause is found, the case is dismissed, but this decision can be appealed.
  4. Conciliation and Mediation: If probable cause is found, the MCAD may attempt to resolve the issue through conciliation or mediation, where both parties try to reach a settlement.
  5. Public Hearing: If the case does not settle, it proceeds to a public hearing. An MCAD hearing officer will oversee the hearing, which functions similarly to a trial but is generally less formal. Both parties present their cases, and the hearing officer issues a decision.
  6. Appeals: Either party can appeal the hearing officer’s decision to the full Commission or the Massachusetts Superior Court.

Remedies and Outcomes

Once you have filed your claim at the MCAD, you can decide whether or not to continue the process at the MCAD, or instead, remove your case to state or federal court.  An attorney can help you understand the advantages and drawbacks of these different venues and help you decide what road to take.

If your case continues at the MCAD, and the agency finds that discrimination occurred, several remedies may be available, including:

  • Back Pay: Compensation for lost wages and benefits.
  • Reinstatement: Returning the employee to their former position.
  • Compensatory Damages: Compensation for emotional distress and other non-economic harms.
  • Punitive Damages: In cases of particularly egregious conduct.
  • Policy Changes: Mandating changes to the employer’s policies and practices to prevent future discrimination.

Back pay and compensatory damages are the most common types of damages awarded.  An attorney can discuss with you how you would need to prove the different types of damages listed above.

How Greene and Hafer Can Help

While employees can file and pursue claims with the MCAD on their own, having legal representation can be immensely beneficial. At Greene and Hafer, our experienced employment lawyers can help navigate the complex process, gather and present evidence effectively, and advocate on your behalf. To schedule an appointment with an experienced lawyer, contact our office.