for Suffolk County - Mass Cases

If the private parties agree to resolve the case, the
complaint is dismissed only after the MCAD has reviewed the
settlement, and agrees that its terms serve the public
interest. 004 CMR 1.15(6) (a). Once approved, the
settlement has the effect: of an Order of the Commission for
purposes of enforcement. Id.
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.If conciliation fails, the MCAD may then, in its
discretion, schedule a pub1j.c hearing. 804 CMR 1.20(3).
Tho Investigating Corranissioner, who at this stage acts as
an enforcement activist, issues the MCAD's complaint in its
name, frames the issues to be decided at public hearing,
specifies the particular procedural route that the case
will take within the MCAD, and makes other orders he or she
'deems appropriate in the public interest." 804 CMR
1.20(3).
The Commission guards its authority over the Section 5
case, regardless of any side agreements among the private
parties. Its regulations state, "No waiver agreement
signed by any individual shall affect the Commission's
right and statutory duty to onforce M.G.L. c. 151B . . . or
to investigate any complaint filed before it." 804 CMR
1.13(4).
Chapter 151B sets forth a comprehensive enforcement
scheme for reso1"ution of discrimination claims, including
an expansive and complicated administrative process.
laws must be interpreted in a way that does not interfere
with the administrative process. Thomas v. ED1
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