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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. - .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 17 Other
Specialists, Inc., 437 Mass. 536, 540, 542 (2002) (contrj.bution statute does not apply to c. 151B claims, as it would interfere with the MCAD's administrative process). The underlyiny statute safeguards the MCAD's enforcement role, with the mandate that, "the administrative procedure provided in this chapter under section 5 shall, while pending, be exclusive." G.L. c. 151B, 5 9, 1;' see also -. East Chop Tennis Club v. MCAD, - - 364 Mass. 144, 448 (1973) (prohibiting a respondent from pursuing a declaratory judgment action whi1.e Section 5 procedures are pending, as it would interfere with the MCAD's powers to investigate and act on complaints of discrimination). The MCAD even reserves for itself the authority to dismiss meritorious complaints based on a complainant's refusal to accept a settlement that is acceptable to the Commission, and where termination of: the proceeding is in the public interest. 804 (3MR 1.1814). At the formal hearing on the claim, the Commission has the right to designate one of its attorneys or agents to present the ~~~ ~~ ' The first paragraph of Section 9 states: "This chapter shall be construed liberally for the accomplishment of its purposes, and any law inconsistent with any provision of this chapter shall not apply, but nothing contained in this chapter shall be deemed to repeal any provision of any other law of this comonweal~th relating to discrimination; but, as to acts declared unlawful by section 4, the administrative procedure provided in this chapter under section 5 shall, while pending, be exclusive; and the final determination on the merits shall exclude any other civil action, based on the same grievance of the individual concerned." G-L+ c. 151B, 5 9, 1.
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 24 and 25: The MUD was established to enforce
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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