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!
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!
Course Content
2:05 - 3:36 pmMCAD Intake and Investigation Process
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 processOpportunities for Early MediationPosition Statements and Rebuttals: their function, best practices, legal issuesInvestigative Conferences: their function, how they work, best practices, legal issuesPre-determination Discovery and Motion Practice at the MCADCausal 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
3:36 - 3:40 pm
Break
3:40 - 4:25 pm
MCAD Post-Cause Proceedings
Conciliation: how it works, best practicesPost-Certification Discovery: how it works, best practices, legal issuesDiscovery 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
4:25 - 4:51 pm
MCAD Public Hearing Process
Certification and Pre-Hearing Conferences: what they are, how they work, best practicesConduct 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 practicesProposed Findings: what they are, function, best practicesFull Commission review
Panel
4:51 - 5:06 pm
'Ask the Experts' Q&A Session and Key Takeaways
Panel
Please Note
This webcast is delivered completely online, underscoring their convenience and appeal.
There are no published print materials. All written materials are available electronically only.
They are posted 24 hours prior to the program and can be accessed, downloaded, or printed from your computer.
Speakers
ChairJames S. Weliky, Esq.,
Messing, Rudavsky & Weliky, PC, Newton
Faculty
Jason B. Barshak, Esq.,
Massachusetts Commission Against Discrimination, Commonwealth of Massachusetts, Boston
Andrea C. Kramer, Esq.,
Kramer Law LLC, Newton
Nicole L. Leger, Esq.,
Massachusetts Commission Against Discrimination, Commonwealth of Massachusetts, Boston
Lila Roberts, Esq.,
Massachusetts Commission Against Discrimination, Commonwealth of Massachusetts, Boston
