Q&A MCAD's Dorca Gomez, on jury trial reversal
In a finding that could significantly impact employers throughout the state, the Massachusetts Supreme Judicial Court this month overruled its 1997 decision allowing employers to seek a jury trial following an adverse decision from the Massachusetts Commission Against Discrimination, the state's antidiscrimination agency. The high court said it erred seven years ago when it ruled that the Massachusetts constitution gave employers the right to seek redress before a jury. In its May 6 decision, the court said the practice undermined the MCAD. The court also reaffirmed the right of a complainant to withdraw a charge from the agency after 90 days so as to bring action in court. Dorca Gomez, chairwoman of the MCAD, said the decision was a victory for employees and the state agency, which handles about 4,000 bias charges a year. Boston Globe reporter Diane Lewis talked to Gomez about the ruling and the commission.
Why did the Supreme Judicial Court conclude that seeking redress through a jury trial was detrimental to the MCAD?
Allowing respondents to have a jury trial took a lot of power out of the MCAD's decisions. No matter what it ruled, the respondents could say, 'Well, I object. I am going before a jury.' "
Given that, why did the court rule in favor of the jury trial in 1997?
In 1997, the Supreme Judicial Court did not quite understand the role of the MCAD, and it determined that if a complainant has a right to jury trial, so should the respondent. So, the SJC asked the Legislature to change the law so that employers could seek redress before a jury.
Shouldn't employers have the same access to jury trials as employees?
This is not an equal protection issue. In other words, the employee is not equally situated, and is not on the same level as the employer. The employer has more resources.
The court found that there was no equal protection problem because the complainant only gets the right to one hearing, and must choose between a hearing at the commission or a trial in court. If a complainant decides to go to court, the respondent also gets a trial. The court said both get the opportunity to have the same type of process.
Did the justices review any other key issues?
They wanted to know how and where MCAD cases should be heard, whether respondents should be permitted a trial before a jury or a judge. They also looked at whether their original decision should be overruled, or whether it should remain the same.
Will complaints go up because of the decision?
Yes, we will see an increase in cases.
Parties that have the financial resources to remove cases from the MCAD or feel that, from a legal standpoint, it would be best to have the case heard in court, will continue to do that. But people who feared that they would have to go through two different hearings, one at the MCAD and one before a jury, will stay.
What kinds of discrimination complaints are handled by the MCAD?
The top five categories are race, disability, sex, age, or national origin. We also protect against employment discrimination because of arrest records or sexual orientation, discrimination in housing, public accommodations, against veterans, and because of genetic makeup. 