for Suffolk County - Mass Cases

MCAD to enforce the law and rectify violations of c. 1518,
and would otherwise eviscerate MCAD's exerci-se of police
powers, the arbi.tration provision should have no effect on
its proceedings.
The Federal. Arbitration Act (F'M) requires that
arbitration agreements - between partics are enforceable.
The FAA has no application here, because in Section 5
actions, the MCAD is a necessary party, and the MCAI) has
never signed the agreement. - See Waffle House, .. I:nc., 122 S.
Ct. 763 & n.9 (EEOC need not arbitrate where it did not
sign agreement).
A contrary ruling would consign thousands of cases,
including pro se cases, to an arbitral panel, where the
MCAD could not provide counsel to assist complainants, and
could not make sure that: the public interest is protected.
The result would be the quick end of many meritorious
cases, as pro se complainants would be overwhelmed, out-
spent and outmaneuvered by wealthier, more sophisticated
corporate defendants. See Feeney, 454 Mass. 192 (class
action waiver in arbitration provision, which would lead to
the chilling of small. damages wage cases, i s void under
public policy).
these cases, agreements such as the one at issue would
consign the MCAD to irrelevance, and leave the public
interest unprotected.
Whereas the MCAD was designed to nurture
AS will. be shown, a public policy supported by these
factors precludes enforcement of the arbitration agreement.
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