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Brian J. MacDonough quoted in Massachusetts Lawyers Weekly on revisions to the Massachusetts Commission Against Discrimination’s Rules of Procedure

March 2, 2020

Brian J. MacDonough, chair of the firm’s Employment Department, was quoted in Massachusetts Lawyers Weekly (MLW) on February 27, 2020. The article, “Employment bar welcomes overhaul of MCAD rules,” explores recent revisions to the Massachusetts Commission Against Discrimination’s (MCAD) Rules of Procedure, which went into effect on January 24, 2020 and feature significant changes with respect to motion practice, rebuttals to a respondent’s position statement, and the withdrawal of attorneys from representation.

Read the full article in Massachusetts Lawyers Weekly (subscriber content).

From the article:

“Boston employment attorney Brian J. MacDonough applauds the changes.

‘Having more clear and detailed regulations for practitioners — knowing what the playing rules are — at the end of the day is a good thing for everybody,’ MacDonough says.

MacDonough points out that, by rule, complainants must appeal a ‘lack of probable cause’ determination within 10 days. He speculates that the rule change extending the time for respondents to move for reconsideration might give rise to more motion practice before MCAD akin to summary judgment motions in state and federal courts.”