MCAD Penalties and Damages

SECTION 173.   Section 5 of said chapter 151B, as so appearing, is hereby amended by striking the last paragraph and inserting in place thereof the following:-
          If upon all the evidence at any such hearing the commission shall find that a respondent has engaged in any unlawful practice it may, in addition to any other action which it may take under this section, assess a civil penalty against the respondent:
          (a) in an amount not to exceed $10,000 if the respondent has not been adjudged to have committed any prior discriminatory practice;
          (b) in an amount not to exceed $25,000 if the respondent has been adjudged to have committed one other discriminatory practice during the five year period ending on the date of the filing of the complaint; and
          (c) in an amount not to exceed $50,000 if the respondent has been adjudged to have committed two or more discriminatory practices during the seven year period ending on the date of the filing of the complaint. Notwithstanding the aforesaid provisions, if the acts constituting the discriminatory practice that is the object of the complaint are committed by the same natural person who has been previously adjudged to have committed acts constituting a discriminatory practice, then the civil penalties set forth in clauses (b) and (c) may be imposed without regard to the period of time within which any subsequent discriminatory practice occurred.