Massachusetts Settlement of Employment Discrimination Proceedings before the Equal Opportunities Employment Commission (EEOC)
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How to fill out Settlement Of Employment Discrimination Proceedings Before The Equal Opportunities Employment Commission (EEOC)?
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FAQ
Although the MCAD has the authority to issue injunctions and award compensatory damages and attorney's fees, only a court can additionally award punitive damages. A case may be removed to court up until three years of the date of the last discriminatory act or the MCAD public hearing, whichever occurs first.
If the agency finds that the evidence does not support the claim of discrimination, the EEOC will explain its finding to the person who filed the charge. It will issue a notice to close the case, and the charging party will then be given leave to file a lawsuit within 90 days.
To establish a prima facie case of disparate treatment under Title VII, a plaintiff must show ?(1) he is a member of a protected class; (2) he was qualified for his position; (3) he experienced an adverse employment action; and (4) similarly situated individuals outside his protected class were treated more favorably.? ...
C. 151B, §9, a court may also award punitive damages ? the purpose of which is to punish the employer and deter discriminatory practices in the future. A caveat exists with age discrimination claims under Massachusetts law.
The Massachusetts anti-discrimination statute covers some smaller employers not covered by federal law. Therefore, if your workplace has between 6 and 14 employees, you should file with the MCAD, as the EEOC enforces federal law, which covers only employers with 15 or more employees.
Complaints must be filed at the MCAD within 300 days from the last discriminatory act.
A "Probable Cause" determination (PC) means that the MCAD has found sufficient evidence to support a conclusion that unlawful discrimination may have occurred. If Probable Cause is found, the MCAD conducts a Conciliation in efforts to resolve the matter swiftly and amicably.
If the MCAD Commissioner finds for the Respondent, the case is concluded at the MCAD. If the MCAD finds for the complainant, it can award damages, including attorney's fees.