for Suffolk County - Mass Cases

Stonehill College, 141 Mass. at. 562-563; compare Preston,
-, , I.I. .,,". ., . ., -.. .
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120 S . Ct. at 387; Waffle House, Inc. 122 S . Ct. at 765.
Factor 3: Section 5 claims, as 1iti.gated within the
Commissj.on and later appealed in Court, are prosecuted in
the name of the agency, pursuant to its police powers, just
as EEOC enforcemcnl: actions are prosecuted in that agency's
name. Stonehill College, 441 Mass. at 563, 567; Thurdin,
452 Mass. at 442; In re Mohawk - Greenfield Motel Corp., 239
B.K. at 6-9; G.L. c. 1518, 5 5, 2; G.L. c. 1518, 5 6;
Superior Court Standing Order 1-96(2); compare Waffle
House, Tnc., 122 S. Ct. at 758, 759, 761-766
Factor 4: The MCAD, and not the individual
complainant:, controls the Section 5 claim, and is master
over thc prosecution of the action, which parallels the
EEOC's role. Stonehill College, 441. Mass. at 563, 567
(section 5 actions are "directed" and "prosecuted" by the
Commonwealth); 804 CMR 1.20(3) (MCAD schedules public
hearing at its discretion); 804 CMR 1.09(5)(a) & (b)(2)
(MCAD, or its designee, presents the complainant's evidence
at public hearing); 804 CMR 1.18(4) (MCAD may dismiss even
meritorious cases in its discretion); compare - Waffle House,
12% S. Ct. at 762-763 (EEOC controls the prosecution of its
enforcement action) .
Factor 5: The MCAD, like the EEOC, controls the
relief sought. I-
Stonehill College, 441 Mass. at 567-568
(MCAD accorded discretion and authority to fashion remedial
rel.i.ef) ; 801 CMR 1.15 (6) (MCAD approves private settlement
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