Bill > H1783

This bill proposes several changes to Chapter 151B of the Massachusetts General Laws, which governs employment discrimination and is enforced by the Massachusetts Commission Against Discrimination (MCAD). Primarily, it mandates that policies and practices of the MCAD must undergo a 90-day public review period in draft form before final adoption, ensuring greater transparency and public input. Additionally, for cases filed before May 6, 2004, where judicial review is still possible, the bill grants complainants and respondents the right to elect a judicial determination of their complaint within 20 days of notification, which would lead to the dismissal of the MCAD case and the initiation of a civil action in superior court, potentially with a jury trial. A new section is also introduced that establishes a formal process for filing complaints of unlawful discrimination, including a $250 filing fee that can be waived, and outlines specific timelines for investigations, conferences, and potential dismissals or discovery periods, with provisions for attorney involvement and summary judgment motions. Finally, the bill clarifies that respondents, in addition to complainants, can be involved in the MCAD's processes.