Inner Workings of the MCAD
Hear directly from MCAD personnel and private practitioners
- Product Number: 2220109P01
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CLE Credits, earn up to:
3 substantive credits, 0 ethics credits CLE Credit Note -
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Product Description
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 new Senior Hearing Officer, an MCAD Attorney Advisor, an MCAD Compliance Officer, 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, practice in the time of COVID-19, and other changes at the Commission. For practitioners new to the MCAD, this program provides a valuable explanation of the inner workings of the Commission 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!
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Agenda
Agenda & Materials
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2:05 - 3:36 pm
MCAD Intake and Investigation Process
on demand video Add to Cart- 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
Nicole L. Leger, Esq., Massachusetts Commission Against Discrimination, Commonwealth of Massachusetts , Boston
Lila Roberts, Esq., Massachusetts Commission Against Discrimination, Commonwealth of Massachusetts , Boston
Andrea C. Kramer, Esq., Kramer Law LLC , Newton
James S. Weliky, Esq., Messing, Rudavsky & Weliky, PC , Newton
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3:36 - 3:40 pm
Break
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3:40 - 4:25 pm
MCAD Post-Cause Proceedings
on demand video Add to Cart- Conciliation: how it works, best practices
- Post-Certification Discovery: how it works, best practices, legal issues
- Discovery Disputes
Jason B. Barshak, Esq., Massachusetts Commission Against Discrimination, Commonwealth of Massachusetts , Boston
Andrea C. Kramer, Esq., Kramer Law LLC , Newton
James S. Weliky, Esq., Messing, Rudavsky & Weliky, PC , Newton
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4:25 - 4:51 pm
MCAD Public Hearing Process
on demand video Add to Cart- 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
Panel
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4:51 - 5:06 pm
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- Faculty