The University asserts that for certain withheld emails" ... this record relates to a pending Charge before the Massachusetts Commission Against Discrimination [MCAD], and, as such, disclosure of this record is exempt pursuant to M.G.L. c. 4, s. 7(26)(d). See 950 CMR 32.08 (supervisor of records may deny an appeal of public records in question that are subjects of disputes in active litigation, administrative hearings or mediation).

The Union agrees to withdraw, and to refrain from instituting, any legal, equitable, or administrative action in any forum, including but not limited to the Civil Service Commission, the Massachusetts Commission Against Discrimination, the Equal Employment Opportunity Commission, or the parties grievance procedure relating to the facts and circumstances giving rise to SUP-22-9134, and specifically includes the withdrawal of LRU # 21-095; 21-083; 21

The Town next asserts that the Massachusetts Commission Against Discrimination (MCAD) is the only administrative form authorized to determine issues of racial discrimination and hostile work environment. That is essentially an argument (Town Mem. at 16) that G.L. c. 151B, 4 implicitly repealed the basic merit principles set forth in G. L. c. 31, 1(e).

However, the Massachusetts Commission Against Discriminations (MCAD) website provides that, [a]n employer may ask: [h]ave you ever been convicted of a felony . http://www.mass.gov/mcad/resources/employers-businesses/emp-fact-sheet-discrim-criminalrecord-gen.html (emphasis added).

Phillipss allegations fall more squarely under the jurisdiction of the Massachusetts Commission Against Discrimination (MCAD). 2 Analysis General Use of Provisionals and Lack of Examinations The vast majority of non-public safety civil service positions in the official service in Massachusetts have been filled provisionally for decades.

Inquiries or complaints conceming discrimination, harassment, retaliation or sexual violence shail be referred to the Colleges Affirmative Action and/or Title [X Coordinator, the Massachusetts Commission Against Discrimination, the Equal Employment Opportunites Gommission or the United States Depariment of Education's Office for Civil Rights. | From: Anita Bowden Sent: Monday, October 27, 2014 2:07 PM To: QCCFAMILY Subject: QCC Welcomes New Staff

Although the Commission has been divested of jurisdiction in this matter, the Appellant may have certain rights if they are outlined in a collective bargaining agreement and/or may be able to seek redress from other state agencies whose oversight the Town cannot unilaterally rescind, such as the Massachusetts Commission Against Discrimination.

Massachusetts Commission Against Discrimination, 431 Mass. 655, 657 (2000) (citing Johansen v. NCR Comten, Inc. (Johansen), 30 Mass. App. Ct. 294, 300 (1991)). Stray remarks in the workplace, statements made by people without the power to make employment decisions, and statements made by decision makers uhrelated to the decisional process itself do not suffice to satisfy a charging party's threshold burden. Id. at 667 (citing Price Waterhouse v.

Investigator Commission Against Discrimination One Ashburton Place, Room 601 Boston. MA 02108-1518 RE: James W. Kelley v.

In addition, the demand must be accompanied by an Employer approved election of remedies form signed by the employee agreeing to and selecting the Grievance Arbitration Procedures as the sole and exclusive forum for resolving the discrimination claim and expressly electing to forego any right to proceed with the matter before the Massachusetts Commission Against Discrimination, the Equal Employment Opportunity Commission, other administrative agencies

Importantly, one of the officers for whom Officer Romeo advocated as union president, Nancy Dalrymple, pursued and won a gender discrimination case before the Massachusetts Commission Against Discrimination (MCAD) in January 2014, and the Town was ordered to promote her to sergeant. Although the Town had no choice to promote her to sergeant, the Chief retaliated against her in exactly the same way as he did against Mr. Romeo in this case.

Romeo contends that the Department used departmental seniority until 2014, when Officer Nancy Dalrymple (Dalrymple) was promoted to sergeant pursuant to a decision that the Massachusetts Commission Against Discrimination (MCAD) issued in January 2014.

However, the Town argued, and Romeo did not dispute, that the Police Department continued to use in-rank seniority for the purpose of shift bidding.8 However, the parties did not reach an agreement to change the CBA seniority language until May 28, 2020, after the date of the bidding process at issue in this Charge. 6 Dalrymple also filed a complaint against the Town with the Commonwealth of Massachusetts Commission against Discrimination (MCAD) on