04.04.07
MCAD Gives Itself High Marks
Doug Bartinik
The Massachusetts Commission Against Discrimination (“MCAD” or “the Commission”) issued its 2006 “Annual Report″ (see link below), covering its activity for years 2004 through 2006 and highlighting its goals for the future.
The Commission was pleased to report that its “train-the-trainer” program has seen an increase in use over the past three years, which it hopes will curtail discrimination through proactive, preventative means. The Commission also is in the final stages of opening several “virtual offices” that will provide statewide coverage through video conferencing technology between the Boston and Springfield brick and mortar locations. It is expected that the first virtual offices will open at UMass Lowell, UMass Dartmouth, and Quinsigamond Community College. The goal is for everyone in the State—claimants and attorneys—to be no more than a thirty-minute ride from the MCAD’s services.
Finally, the agency was please to report that it has eliminated its backlog of cases and reduced the time it takes to complete an investigation from over two years to less than one year.
Turning to recent trends, the MCAD reports that its probable cause rate rose from 16% in 2004 to 19% in 2006. These percentages also reflect a new method of calculation. Rather than dividing the total number of probable cause findings by the total number of cases filed, MCAD now eliminates from the denominator any cases that were closed for reasons beyond the Commission’s control, e.g., cases that were settled privately or dismissed for lack of jurisdiction. Thus raising the percentages when compared to previous years.
Finally, the Commission published detailed charts and graphs on the number and types of complaints filed between 2004 through 2006. A narrative of this data is no substitute for actually viewing it, but sex, race, and disability complaints were filed most often, each ranging between 17% and 20% of the total cases filed during that time period. Retaliation was fourth and generally makes up 11-12% of total cases, followed by age discrimination at about 10%of total cases. It should also come as no surprise that employment discrimination claims make up about 85% of the total claims, followed by housing (roughly 10 percent) and public accommodation (roughly 5 percent). The good news for employers, however, is that in the last three years the total number of cases filed has decreased from 3,496 in 2004 to 3,198 in 2006.
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