for Suffolk County - Mass Cases

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 anti-
discrimination 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).
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