Attend a Public Hearing
Unless otherwise stated, public hearings are conducted in-person at the MCAD Boston Office located at 1 Ashburton Place, Suite 601. Anyone may attend a public hearing via livestreamed broadcast or in-person. To view the public hearing broadcast, please register: https://massgov.formstack.com/forms/mcad_public_hearing_viewer_registration If planning to attend in-person, please allow additional time to check in with security in the 1 Ashburton Place lobby.
Hearings may be rescheduled or cancelled. Please check the list of upcoming public hearings.
Preparation for a Public Hearing
Before the commencement of the public hearing, the complainant must file an acknowledgement that the complainant waives the right to remove to court all claims certified to public hearing, 804 CMR 1.12(3) (2020). Parties (complainant(s) and respondent(s)) may—and are encouraged to—hire an attorney. If a complainant is not represented by an attorney, MCAD Commission Counsel shall prosecute the case on behalf of the MCAD, representing the public interest at the hearing.
A party may submit a written request to change the date of the public hearing—called a continuance—by filing a motion that complies with 804 CMR 1.13 (2020). Continuances shall be granted only upon a showing of changed circumstances or good cause, 804 CMR 1.12(6) (2020).
All parties, witnesses, counsel, and others present at a public hearing must act in a manner consistent with the standards of decorum commonly observed in the courts of the Commonwealth. If not, the Presiding Officer may take appropriate action, such as stopping the Hearing until further notice, and assessing monetary sanctions, 804 CMR 1.12(4) (2020).
Neither a party nor a party's counsel nor an authorized representative shall communicate ex parte with the Presiding Officer about the case. It is prohibited to communicate with the Presiding Officer about the case without the other parties present, 804 CMR 1.12(8) (2020).
Testimony at the public hearing is transcribed by a stenographer retained by parties or is electronically recorded by the Commission. The parties are encouraged to retain a stenographer. If a stenographer is present, the stenographic record is the official record of the hearing—the Commission would not create an electronic recording, 804 CMR 1.12(11) (2020).
What to Expect at a Public Hearing
The parties make opening statements regarding what they believe the evidence will show during the hearing. Every party has the right to call and examine witnesses under oath, to introduce exhibits, to cross-examine witnesses, and to submit rebuttal evidence. The Presiding Officer rules on objections and determines what testimony is admissible and what documents are admitted into evidence as exhibits. The Presiding Officer is not bound by the rules of evidence observed by courts but is bound by the rules of privilege (e.g. attorney-client privilege).
Important: Only information—whether testimonial or documentary—admitted into evidence at the public hearing can be considered by the Presiding Officer when rendering a Hearing Decision. For example, if a party submitted material to the other party and to the MCAD during the investigation stage but such material was not admitted into evidence at the hearing, the Presiding Officer cannot consider that material when rendering the Hearing Decision.
Failure to Appear at a Public Hearing
If a party does not appear at the public hearing (and their counsel or other authorized representative does not appear) the Presiding Officer shall default that party. If that party is the complainant, the Presiding Officer shall dismiss the complaint. If that party is the respondent, the Presiding Officer shall conduct a default hearing on the same date, receiving relevant evidence submitted by the complainant. A party in default may petition the Presiding Officer to vacate the default and reopen the case for good cause shown. The assertion of good cause must be in the form of an affidavit under the pains and penalties of perjury. If a case is reopened, the party that was in default may be ordered to pay reasonable costs incurred because of the default, 804 CMR 1.12(10) (2020).
Privacy & Protective Orders
A party may move for a protective order to prevent public disclosure of information at the public hearing or in the record of the public hearing for good cause shown. The Presiding Officer may allow such motion if it is in the public interest. A protective order may provide for the exclusion, limitation, redaction or impoundment of documentary or testimonial evidence at the hearing or in the hearing record, 804 CMR 1.12(9) (2020).
Documents must not contain personal data identifiers unless it is necessary. If filing such identifiers is necessary, you must redact them as described in 804 CMR 1.21(4-5) (2020). Protected personal data identifiers include: (a) Social Security, Taxpayer Identification, Driver's License, State-issued Identification Card and Passport numbers; (b) Names of Minor Children; (c) Dates of Birth; (d) Financial Account, Credit Card and Debit Card numbers; (e) Medical Record numbers; and (f) Mother's Maiden Name.
MCAD Hearing Decisions
After a public hearing, the parties each file a post-hearing brief. A post-hearing brief contains proposed findings of fact and proposed conclusions of law, 804 CMR 1.12(16) (2020).
The Presiding Officer reviews the admitted testimony, exhibits and post-hearing briefs and issues a written Hearing Decision that contains the findings of fact and conclusions of law necessary to address the issues certified to public hearing or addressed at the public hearing, and when applicable, determines appropriate remedies, 804 CMR 1.12(18) (2020).
If, upon all the evidence at the public hearing, the Presiding Officer finds that a respondent(s) has engaged in an unlawful practice as defined in M.G.L. c. 151B, § 4 or has violated any other law(s) under the MCAD’s authority, the Presiding Officer shall issue an order requiring such respondent to cease and desist from such unlawful practice or violation. In addition, the Presiding Officer shall take such action, (e.g. awarding monetary damages, equitable relief), as in its judgment, will effectuate the purposes of such laws. If, upon all the evidence at the public hearing, the Presiding Officer finds that a respondent(s) has not engaged in an unlawful practice or violation, the complaint against such respondent(s) shall be dismissed.
The Hearing Decision notifies the parties of their rights to appeal the Hearing Decision, 804 CMR 1.12(18) (2020).
Access the MCAD Hearing Decisions and Decisions of the Full Commission.
Appeal a Hearing Decision to the MCAD Full Commission
A party aggrieved by the Hearing Decision may appeal the decision to the MCAD Full Commission. To do so, the party must file a Notice of Appeal within ten days of receipt of the Hearing Decision and file a Petition for Review within thirty days of receipt of the Hearing Decision, 804 CMR 1.23 (2020).
If a party files a Petition for Review, each of the other parties has the right to file a Notice of Intervention within ten days of receipt of the Petition for Review and shall file a brief in reply to the Petition for Review within thirty days of receipt of the Petition for Review, 804 CMR 1.23 (2020).
Attorneys' Fees & Costs
If the complainant prevails at the public hearing, the Complainant may petition for an award of attorneys' fees and costs. The petition shall include detailed, contemporaneous time records, a breakdown of costs and a supporting affidavit. The period in which to file such petition, and the procedure for opposing it, is contained within 804 CMR 1.12(19) (2020).
The Presiding Officer rules on the petition for attorneys’ fees and costs. A decision on the petition is a final decision appealable to the Full Commission pursuant to 804 CMR 1.23 (2020) regardless of whether a party has appealed the underlying Hearing Decision to the Full Commission, 804 CMR 1.12(19) (2020).
Upcoming Public Hearings
June 2025
MCAD and Jacqueline Senna-Viruet v. Plum Direct Marketing LLC and Chynna Jakowski, Docket No. 19-BEM-03305
NOTICE: The Public Hearing is scheduled for June 9-12, 2025 commencing at 9:30 AM.
August 2025
MCAD and Alvarenga v. Las Chivas, Inc., d/b/a Tequila’s Mexican Cantina et al., Docket No. 18BEM02297
NOTICE: The Public Hearing is scheduled for August 18-22, 2025 commencing at 9:30 AM.
MCAD and Kapsidis v. Oak Square Young Men's Christian Association et. al., Docket No. 18BEM01090
NOTICE: The Public Hearing is scheduled for August 25-29 and September 2-4, 2025 (as necessary) commencing at 9:30 AM.
September 2025
MCAD and Correira Da Silva v. The Brewster Company, LLC, Docket No. 19BEM03476
NOTICE: The Public Hearing is scheduled for September 8-10, 2025 commencing at 9:30 AM.
MCAD and Tom Siefert v. Shutesbury Athletic Club, Docket No. 20SEM01983
NOTICE: The Public Hearing is scheduled for September 16-19, 2025 commencing at 9:30 AM.
MCAD and Serfozo v. Framingham Housing Authority and Landers, Docket No. 18BEM03258
NOTICE: The Public Hearing is scheduled for September 25, 26, and 29, 2025 commencing at 9:30 AM.
October 2025
MCAD and Picard v. National Nursing Pool Inc. et al., Docket No. 19BEM01739
NOTICE: The Public Hearing is scheduled for October 7-8, 2025 commencing at 9:30 AM.
MCAD and Timothy Desrosiers v. Etienne Enterprises LLC and Balby Etienne, Docket No. 21NPR00995
NOTICE: The Public Hearing is scheduled for October 20-22, 2025 commencing at 9:30 AM.
November 2025
MCAD and Seligman v. Commonwealth of Massachusetts – Human Resources Division, Docket No. 18BEM02888
NOTICE: The Public Hearing is scheduled for November 3, 4, 5, 12, and 13, 2025 commencing at 9:30 AM.
Completed Public Hearings
April 2025
MCAD and Keefer v. Father & Sons, Inc., Docket No. 22SEM02009 - April 14 - 15, 2025
February 2025
MCAD and Reed v. Graham and White, Docket No. 21BPR02111 - February 5, 2025
October 2024
MCAD and Portlock v. Xin, Docket No. 19BPR01855 - October 7 - 9, 2024.
September 2024
MCAD and Evers v. Next Step Franchising Inc. d/b/a Lapels Dry Cleaning et. al., Docket No.18BEM02826 - September 9-11, 2024
MCAD and Quiana Ferguson v. D House Project LLC and Darren W. Graham, Docket No. 21BPR00542 - September 25, 2024
May 2024
MCAD and Andy Nom v. Acton Auto Body, Sonia Trinh & Jose Mourato, Docket No. 183302229 - May 7. 2024
December 2023
MCAD and Ramirez v. DeAmaral and 39 Irving Street Realty Trust, Docket No. 19BPR03062 - December 11-12, 2023
October 2023
MCAD and Dasilva v. United Fisherman Club, Inc., Docket No. 20BEM00211 - October 30, 2023
July 2023
MCAD and Southcoast Fair Housing Center, Inc. v. Krishna Priya, Inc. and Sushma Chopra, aka Susan Chopra, Docket No. 20NPR00872 - July 19-20, 2023
| Last updated: | April 16, 2025 |
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