Under certain circumstances, as appears to be the case with a large number of the Appellants, individuals may choose to file a complaint in other venues, such as the Massachusetts Commission Against Discrimination (MCAD).

Massachusetts Commission Against Discrimination, 431 Mass. 655, 667 (2000), quoting Johansen v. NCR Comten, Inc., 30 Mass. App. Ct. 294, 300 (1991). Unlawful motivation may also be established through circumstantial evidence and reasonable inferences drawn from that evidence: Town of Carver, 35 MLC at 48.

(emphasis added) (G.L. c. 31, 1) While this allegation will be vetted by the Massachusetts Commission Against Discrimination (MCAD), where Mr. Savage has now filed a complaint, the record here does not support Mr. Savages allegation that Commissioner Conant acted contrary to basic merit principles. Rather, HRD and Commissioner Conant, based on the information presented here, acted in accordance with the civil service law and rules.

Massachusetts Commission ~ Against Discrimination, 431 Mass. 655 (2000). Under a two-step analysis, the charging party must first prove by a preponderance of the evidence that a proscribed factor played a motivating part in the challenged employment decision. The burden of persuasion then shifts to the employer who may prevail by proving that it would have made the same decision even without the illegitimate motive. Id.

disability or religious reasons, including Unit members. 14 Rebecca (Becky) Shuster has been employed with BPS as the Assistant Superintendent of Equity for the last seven years and oversees the BPSOE. 15 Shuster deeply understands the workplace protections afforded under the Americans with Disabilities Act (ADA) and Chapter 150B of the Massachusetts General Law. 16 Before working for BPS, Shuster was the Director of Training at the Massachusetts Commission

Shuster admitted that the Employer is obligated to share information related to accommodations with law enforcement, such as the Massachusetts Commission Against Discrimination (hereinafter MCAD) and the EEOC. TR p.41. She even went on to identify instances where the Employer released records related to accommodation requests to the MCAD. TR p.49.

The Massachusetts Commission Against Discrimination ("MCAD") Section 12. Employees of the Department of Public Works shall be responsible for maintaining traffic signals. Section 13. The Department shall consist of two divisions; a General Division and a Water-Sewer Division. The Water-Sewer Division shall generally perform duties related to water-sewer maintenance and operation. The General division shall perform all other duties.

manner and within the Procedures. time limits Grievance Three in Step of the Grievance and Arbitration In addition, the demand must be accompanied by an Employer approved of Remedies Election set forth form signed by the Arbitration Procedures employee agreeing to and as the sole and exclusive forum selecting the for resolving the discrimination claim and expressly electing to forego their right to proceed with the matter before the Massachusetts Commission

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

Massachusetts Commission Against Discrimination, 384 Mass. 198, 206 (1981) (administrative agency entitled deference in the interpretation of its own regulations). Documents are not voluntarily submitted, but rather are submitted pursuant to an order by this office that an in camera inspection is necessary to make a proper finding. Documents are submitted for the limited purpose of review.

Massachusetts Commission Against Discrimination, 384 Mass. 198,206 Chief Paul J. Zbikowski Page4 February 28, 2019 SPR19/350 (1981) (administrative agency entitled deference in the interpretation of its own regulations). Documents are not voluntarily submitted, but rather are submitted pursuant to an order by this office that an in camera inspection is necessary to make a proper finding. Documents are submitted for the limited purpose of review.