In Representing Clients Before the MCAD in Employment Cases
management-side employment attorneys provide practical, comprehensive guidance to attorneys involved in employment cases before the Massachusetts Commission Against Discrimination (MCAD), taking the practitioner from his or her first interview with the client all the way through appeal and enforcement of the MCAD's decision. Each stage in the process - and each important decision that counsel must make along the way - is discussed in detail, with extensive attention to the practical decisions that attorneys must make in order to effectively represent their clients.
This latest version brings updated resources within your immediate reach - for fast, accurate, and practical answers to your questions.
management-side employment attorneys provide practical, comprehensive guidance to attorneys involved in employment cases before the Massachusetts Commission Against Discrimination (MCAD), taking the practitioner from his or her first interview with the client all the way through appeal and enforcement of the MCAD's decision. Each stage in the process - and each important decision that counsel must make along the way - is discussed in detail, with extensive attention to the practical decisions that attorneys must make in order to effectively represent their clients.
This latest version brings updated resources within your immediate reach - for fast, accurate, and practical answers to your questions.
Highlights from the many issues addressed in this edition include
- a note on pending legislation that would expand the level of pay transparency currently mandated by the Massachusetts Equal Pay Act;
- a U.S. Supreme Court case addressing 'undue hardship' in the religious accommodation context, finding that an accommodation would constitute an undue hardship if it resulted in 'substantial increased costs in relation to the conduct of [the] particular business,' taking into consideration the nature, size, and operating cost of the employer;
- a retaliation case based on the employer's attempt to use debt collection to coerce a former employee into dropping a claim of discrimination;
- a Supreme Judicial Court discussion of how managers' actions and remarks may support a complaint of discrimination in the workplace;
- an Appeals Court finding that an employee's complaint failed to provide the respondent with fair notice of a claim of racially motivated discrimination;
- circumstances under which equitable tolling principles might apply to extend an MCAD filing deadline;
- an updated EEOC charge-of-discrimination form;
- additional and updated citations to the MCAD procedural regulations; and
- updated references to useful Internet resources.
Table of Contents
Chapter 01 - Client Intake, Forum Review, and Drafting and Filing the ChargeJessica Haeffner Beglin, Esq.,
Lucia A. Passanisi, Esq.,
Todd & Weld LLP
Samantha L. Regenbogen Manelin, Esq.,
Proskauer Rose LLP
Checklist 1.1 - Checklist for Filling Out an MCAD or EEOC Complaint Form
Exhibit 1A - Example EEOC Charge of Discrimination Form
Chapter 02 - Responding to a Complaint, Investigating the Complaint, and the Probable Cause Determination
Lee Crofton Douthitt, Esq.,
Goodwin Procter LLP
Joseph L. Edwards, Jr., Esq.,
Lucia A. Passanisi, Esq.,
Todd & Weld LLP
Checklist 2.1 - Complainant’s Checklist of Settlement Agreement Provisions to Consider in an MCAD Case
Checklist 2.1 - Respondent’s Checklist of Settlement Agreement Provisions to Consider in an MCAD Case
Chapter 03 - Prehearing, Hearing, and Appeals
Joseph L. Edwards, Jr., Esq.,
Lucia A. Passanisi, Esq.,
Todd & Weld LLP
Samantha L. Regenbogen Manelin, Esq.,
Proskauer Rose LLP
Checklist 3.1 - Checklist for Filing an Appeal of an Adverse Decision of an MCAD Hearing Commissioner to the Full Commission
Authors
Author(s)Jessica Haeffner Beglin, Esq.
Cambridge
Lee Crofton Douthitt, Esq.
Goodwin Procter LLP, Boston
Joseph L. Edwards, Jr., Esq.
Samantha L. Regenbogen Manelin, Esq.
Proskauer Rose LLP, Boston
Reviewer(s)
Lucia A. Passanisi, Esq.
Todd & Weld LLP, Boston
