Product Description

First established in 1946 as the Fair Employment Practices Commission with a staff of two and three volunteer commissioners, the Massachusetts Commission Against Discrimination (MCAD) now occupies a central role in investigating and prosecuting claims of employment discrimination involving Massachusetts employees and employers. All claimants wishing to vindicate their rights under Massachusetts anti-employment-discrimination statutes must first file their cases with the MCAD.

Attend this program for a unique opportunity to meet and hear from the MCAD’s senior hearing officer, the MCAD’s senior attorney advisor, an MCAD compliance officer supervisor, and experienced practitioners who regularly handle cases before the Commission. Hear them explain the intake and investigation process—including position statements and rebuttals, opportunities for alternative dispute resolution, the discovery and public hearing process, the impact of the Commission’s revised procedural regulations, and other changes at the Commission. For practitioners new to the MCAD, this program provides a valuable explanation of the Commission’s inner workings at every stage of its investigation and enforcement process. For experienced practitioners, the program offers an opportunity to hear directly from key Commission officials and improve your efficacy in advocating for your clients, whether employees or employers. Bring your questions!

Agenda & Materials

• 2:00 - 2:05 pm

  Welcome and Introduction

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  James S. Weliky, Esq., Messing, Rudavsky & Weliky, PC , Newton
  
• 2:05 - 3:30 pm

  MCAD Intake and Investigation Process

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  • Intake and Complaints: how intake works, how complaints are processed, online filing, what information to provide, what materials to bring/include, best practices, legal issues that may arise at this stage, brief overview of the investigation process
  • Opportunities for Early Mediation
  • Position Statements and Rebuttals: their function, best practices, legal issues
  • Investigative Conferences: their function, how they work, best practices, legal issues
  • Pre-determination Discovery and Motion Practice at the MCAD
  • Causal Determinations: what they are, who participates in decision, standard for probable cause/ lack of probable cause, motions to reconsider probable cause finding, appeal

  James S. Weliky, Esq., Messing, Rudavsky & Weliky, PC , Newton
  Gina Leonard, , Boston
  Lila Roberts, Esq., Massachusetts Commission Against Discrimination, Commonwealth of Massachusetts , Boston
  
• 3:30 - 3:35 pm

  Break
• 3:35 - 4:10 pm

  MCAD Post-Cause Proceedings

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  • Conciliation: how it works, best practices
  • Post-Certification Discovery: how it works, best practices, legal issues
  • Discovery Disputes

  James S. Weliky, Esq., Messing, Rudavsky & Weliky, PC , Newton
  Jason B. Barshak, Esq., Massachusetts Commission Against Discrimination, Commonwealth of Massachusetts , Boston
  Patrice Dixon, Esq., Constangy, Brooks, Smith & Prophete LLP , Boston
  Lila Roberts, Esq., Massachusetts Commission Against Discrimination, Commonwealth of Massachusetts , Boston
  
• 4:10 - 4:50 pm

  MCAD Public Hearing Process

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  • Certification and Pre-Hearing Conferences: what they are, how they work, best practices
  • Conduct of the Public Hearing: preparing for the public hearing (practitioners), opening statements, evidence (applicability of rules, how it's entered, best practices, disputes)
  • Remedies: what you get, evidence to support, best practices
  • Proposed Findings: what they are, function, best practices
  • Full Commission review

  James S. Weliky, Esq., Messing, Rudavsky & Weliky, PC , Newton
  Jason B. Barshak, Esq., Massachusetts Commission Against Discrimination, Commonwealth of Massachusetts , Boston
  Patrice Dixon, Esq., Constangy, Brooks, Smith & Prophete LLP , Boston
  
• 4:50 - 5:00 pm

  "Ask the MCAD” Q&A Session

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  Panel
  

Chair

Faculty