Bill > H2795

This bill proposes several changes to the Massachusetts Commission Against Discrimination (MCAD), which is the state agency responsible for enforcing anti-discrimination laws. Primarily, it mandates that any new policies or practices developed by the MCAD must undergo a 90-day public review period in draft form before being finalized, ensuring public input. For older employment discrimination cases that were heard before May 6, 2004, and are still under judicial review or haven't been resolved, parties involved will be notified of their right to choose a judicial determination of their complaint instead of continuing with the MCAD process, with specific timelines for making this election and subsequent procedures for filing a civil action in court. Additionally, the bill introduces a new process for filing discrimination complaints, requiring a $250 filing fee that can be waived in certain situations, and outlines stricter timelines for investigations, including mandatory investigative conferences within 90 days of a respondent's position statement, with potential dismissal if these deadlines are missed or if a complainant fails to attend without good cause. The bill also allows for limited discovery in probable cause cases, requires summary judgment motions to be considered, and establishes rules for removing cases to federal or state court, while also detailing procedures for public hearings, including default penalties for parties who fail to attend, and mandates that the MCAD award reasonable attorney fees and costs to prevailing complainants.