At the conclusion of an investigation, the Investigating Commissioner will make a formal determination of either Probable Cause or Lack of Probable Cause.
Lack of Probable Cause (LOPC)
A Lack of Probable Cause determination means that the MCAD did not find sufficient evidence to support a conclusion that unlawful discrimination occurred. A Complainant has a right to appeal a Lack of Probable Cause determination within 10 days of receiving the determination.
Appealing A Lack of Probable Cause Determination
The Complainant has a right to appeal a Lack of Probable Cause determination within 10 days of receiving the determination.
The Investigating Commissioner, or their designee, holds an informal hearing and the Complainant has an opportunity to explain why he/she believes the determination was wrong.
The Commissioner may send the case back for further investigation, reverse the finding (make a PC determination), or uphold the determination. If the determination is upheld, the case is closed and goes no further at the MCAD.
Probable Cause (PC)
A Probable Cause determination means that the MCAD has found sufficient evidence to support a conclusion that unlawful discrimination may have occurred.
If Probable Cause is found, the MCAD conducts a Conciliation in efforts to resolve the matter swiftly and amicably. If the parties are unable to resolve the dispute during conciliation, the case proceeds to Public Hearing.
Appealing A Probable Cause Determination
The Respondent may move for Reconsideration of the Probable Cause Finding at any time before the case is certified to Public Hearing.
To appeal a Probable Cause Determination, the Respondent should file a Motion for Reconsideration of the Probable Cause with the clerk's office and the Office of the General Counsel. For more instructions, visit the Filing a Motions or Appeal page.