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Andrew Black Successfully Defends Employer Before the MCAD

Smith Duggan Buell & Rufo partner Andrew Black recently prevailed on behalf of a corporate client in a matter before the Massachusetts Commission Against Discrimination (MCAD).

A complainant filed his original charge of discrimination in January of 2018. While an investigation was pending, he withdrew that complaint to file an action in Superior Court.

The complainant later changed his mind and reversed his legal strategy by seeking to reinstate the matter before the MCAD.

The MCAD commissioner adopted Attorney Black’s argument that absent exceptional circumstances or undue prejudice to a complainant, which may result in the loss of the right to bring a claim in any forum, the MCAD will not vacate a withdrawal and reinstate a claim.

Accordingly, the complainant’s motion requesting that the MCAD vacate the withdrawal, reinstate his charge of discrimination and reopen the investigation was denied.

The case was decided on December 18, 2019.