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The MUD was established to enforce the Commonwealth's antidiscrimination laws. Stonehill College, 441 Mass., at 563. The Commission is charged with working for the public good in enforcing the Cornonwealth's anti-discrimination statutes, including c. 1518, in order to "protect, preserve, and enforce the civil rights of its citizens." 804 CMH 1.02. Chapter 151B, and its proscript-ions on employment discrimination, represent an "overriding governmental. pplicy," and is often exclusive o€ other laws and remedies. Warfield v. Beth Israel Deaconess Med. Ctr., Inc., 454 Mass. 390, 398 (2009); G.L. c. 151B, § 9, 1. Chapter 1.518 represents policies so "well-defined and dominant" that a remedy to a c. 1518 violation will be upheld, even if the remedy would otherwise result in an independent violation of a collective bargaining agreement. Massachusetts Bay - Transp. Auth. v. Boston Carmen's Union, Local 589, 545 Mass. 19, 26, 29-30 (2009). In other words, the policies supporting c. 151B can be elevated over private agreements. - Id. at 29-30. Under Section 5, the MCAD investigates the claim, and if the claim i s found worthy, formal proceedings are "initiated . . . [and] directed . . . by the commission, on behalf of the Commonwealth, against a named respondent." Stonehill College v. Massachusetts Commission Against Discrimination, 441 Mass., at 567 (emphasis added). Note that in the Stonehill College case, it is the MCAD, and not 15
thc individual complainant, that is listed as the party- defendant. "It is t.hc MCAD, and not the complainant, that prosecutes the [Secti.on 51 discrimination claim." -- - Stonehill C o l a , (141 Mass., at 563; see also Thurdin v. - SKI Boston, ~- LLC, 452 Mass. 436, 442 (2008) ("During the administrative process, the commission, not the complainant, prosecutes the claim"). Once probable cause enters, a notice and complaint are issued "in the name of the commission." G.L. c. 1518, 5 5, 2; 804 CMR 1.20(3). By undertaking Section 5 proceedings, the MCAD acts with "police and rcgul.atory powers" to enforce antidiscrimination law, with the primary purpose of protecting public safety and welfare. In re Mohawk Greenfield Motel Corp., 239 B.R. 1, 6-9 (Bankr. D. Mass. 1999). Importantly, MCAD proceedings are not subject to automatic stays under the bankruptcy code, because the MCAD's enforcement role is conducted in the public interest. _I Id. In cases that extend beyond the investigation phase, the MCAD undertakes a conciliation process, in which the commission wil.1 attempt to assure that aggrieved employees receive a just remedy. 8011 CMR 1.18(1) (a). However, the Commission will also seek "Provisions Sought for the Pub1j.c Interest," which go beyond an individual remedy to benefit the public, including elimination of future discrimination, apologies, reporting mandates, education, training efforts, and monitoring of future activities. 804 CMR 1.18(1) (c). 16
Page 1: COMMONWEALTH OF MASSACHUSETTS SUPRE
Page 4 and 5: - 11. MASSACHUSETTS PUBLIC POLICY I
Page 6 and 7: EEOC V. Waffle House, InC., 122 s.
Page 8 and 9: Wal.ker v. Lakewood, 272 F.3d 1114
Page 10 and 11: 1. STATEMENT OF ISSUES siyned by th
Page 12 and 13: STATEMENT OF TAE CASE MELA adopts D
Page 14 and 15: undermining the many cases pursued
Page 16 and 17: ARmJmwr The Massachusetts Employmen
Page 18 and 19: MCAD to enforce the law and rectify
Page 20 and 21: Labor Comissioner serves simply as
Page 22 and 23: The Supreme Court held that the arb
Page 26 and 27: If the private parties agree to res
Page 28 and 29: case in suppori of the Complainant,
Page 30 and 31: Stonehill College, 141 Mass. at. 56
Page 32 and 33: comprehensive scheme to combat disc
Page 34 and 35: een imposed? Or otherwise assure th
Page 36 and 37: G. JOULE'S OTHER ARGUMENTS ARE OFF-
Page 38 and 39: to create a stumbling block. The tr
Page 40 and 41: Moreover, the MCAD wrote in its ami
Page 42 and 43: and remedy violations of the statut
Page 44 and 45: up the substantial right to seek ad
Page 46 and 47: 2. The Threat To Reject. Simmons' F
Page 48 and 49: Components, Inc., 548 F.2d 24, 26 (
Page 50 and 51: nursing home contract was ruled enf
Page 52 and 53: When an employer says, "waive your
Page 54 and 55: Vokovich, 720 F.2d 909, 925 (8th Ci
Page 56 and 57: coerced"). It is up to state law to

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