While doing research for articles about the discrimination complaint Dean Adrian Mims filed with MCAD against Superintendent Bill Lupini and the Brookline Schools alleging racism during this year’s headmaster search process, The Sagamore talked to a legal expert about MCAD and complaints. Nancy Gertner, a retired federal district judge, Harvard Law School professor and parent of BHS alumni, spoke to The Sagamore in an email interview to give her insight into these kinds of legal matters.
Q: How long do these cases typically take?
A: The more complicated, the more high stakes, the longer the cases take. I have had cases resolved in two years, or five or six.
Q: What are the advantages to continuing through the entire MCAD process versus moving the case to court following the 90-day MCAD filing requirement?
A: The MCAD process is often more informal, sometimes faster, than a court proceeding. But in recent years, with budget cuts, it is likely that the MCAD proceeding will take as long as court to come to trial. Proceeding directly to court has the advantage of a more formal process—more complete discovery (which is the process by which the parties get access to information from each other’s cases). I also believe that damage awards are likely to be higher in a court proceeding with a jury than before the MCAD (which involves a single hearing officer).
Q: Are cases like these typically harder to win or harder to defend? Who is the burden of proof on?
A: The burden of proof is on the person making the complaint. They are not easy to win, but there really are no “typical” cases. Everything depends on the facts. Did anyone overhear the racist remark quoted in the story? Can he confirm the fact that the other finalists did not have doctorates? Etc.
Q: Should the complainant prevail, what would potential outcomes be and who decides them?
A: If he can prove that he was discriminated in the process of applying for the job, he could win money damages, including any difference in pay between his current position and the pay of the position he seeks.
For additional information about Dean of Students Adrian Mims’ MCAD complaint you can check out the article written by Jake Wolf-Sorokin.
