Description:

The Massachusetts Commission Against Discrimination (MCAD) is the independent state agency that enforces the Massachusetts anti-discrimination laws in employment, housing, education, credit, and public accommodations by investigating, prosecuting, and adjudicating complaints of discrimination. The MCAD also offers remedial and preventative training, and publishes resources online such as model policies, posters, and guides.

The MCAD is seeking a self-motivated and dedicated litigation professional with a commitment to civil rights to fill the role of Commission Counsel. Working in the Office of the General Counsel (OGC), Commission Counsel primarily prosecute complaints of discrimination at the agency level and defend and enforce agency adjudicatory decisions in state courts. Commission Counsel also assist the OGC in the preparation of regulations and guidance and provide other legal support to the OGC and the MCAD agency-wide. Commission Counsel duties address every aspect of litigation, including negotiating settlement, engaging in discovery, motion practice, oral advocacy, and preparing briefs for submission to MCAD Hearing Officers, the MCAD Full Commission (the agency appellate body), the Superior Court, and the Appeals Court.

Commission Counsel enjoy a uniquely rewarding position in state government because they have the privilege of prosecuting civil rights violations at the administrative level, and they also appear in state court to defend and enforce MCAD final decisions vindicating victims' rights to be free from discrimination at work, home, and in public life. The work of Commission Counsel not only makes a real difference in peoples' lives, but it also provides unparalleled opportunity for hands-on litigation experience and valuable career development, particularly in the field of employment law. The MCAD seeks attorneys for the role of Commission Counsel who are passionate about civil rights and interested in bringing their litigation skills and legal careers to a supportive and collegial workplace filled with enriching experiences.

Duties and Responsibilities (these are a general summary and not all inclusive):

Prepare cases for public hearings (administrative hearings) at the MCAD by evaluating cases, interviewing witnesses, conducting discovery, determining legal strategy to be used in the prosecution, defense, or settlement of cases through all levels of administrative proceeding; review the record of the agency proceedings to identify relevant legal and factual issues; prepare legal briefs, memoranda of law, and complaints; assemble and organize supportive documentation; and represent the MCAD at public hearing.
Under the supervision of the agency's General Counsel and the Commission Counsel Supervisor, represent the agency in trial and appellate courts in M.G.L. c. 30A and other litigation matters by interviewing witnesses; presenting evidence and oral argument; filing motions and answers to complaints; conferring in chambers with judges, magistrates, and other counsel; preparing legal memoranda and appellate briefs; arguing such briefs; and evaluating amicus requests and drafting amicus briefs.
Advise agency staff on legal matters by interpreting laws, rules, regulations, and judicial or quasi-judicial decisions and opinions related to agency operations.
Develop and review drafts of proposed agency regulations, guidelines, and contracts for conformity with applicable laws and regulations and conduct legal research on matters related to agency functions.
Draft administrative, court, settlement and other legal documents by negotiating and preparing contracts, agreements, and other legal instruments; and prepare consent orders.
Provide information to the public by answering inquires related to agency functions, rules, and regulations and by responding to Lawyer of the Day questions, speaking before citizen groups or other interested parties regarding agency legal issues and procedures.
Perform related activities such as writing correspondence and reports; evaluating potential damage awards in connection with discrimination complaints; updating reference materials such as laws, rules, and regulations; maintaining and updating periodic status and statistical reports and prepare summaries of cases and decisions for the annual report.
Review proposed legislation to determine its impact on agency activities and make recommendations to the Commissioners and the OGC for action, including development of testimony and letters regarding proposed legislation.
Recommend standard operating procedures to be adopted by the agency.
Consult with other legal counsel and agency officials regarding the appeal of court decisions to a higher court.
Draft regulations to effectuate anti-discrimination laws enforced by the MCAD and agency programs.
Prepare instructions to agency units for the implementation of court decisions.
Conduct internal and external training in the areas of discrimination in employment, housing, credit, services, public accommodations, education and on agency procedures.
Conduct administrative hearings on appeals of investigative dismissals and prepare recommendations for MCAD Commissioners.

Preferred Qualifications:

Five years of legal experience, including civil litigation experience.
Fluent in more than one language.
Knowledge of theory and principles of administrative law and anti-discrimination law in the areas of housing and employment.
Willingness to travel for job-related purposes.
Appellate writing experience

Qualifications:
First consideration will be given to those applicants that apply within the first 14 days.

Minimum Entrance Requirements: Applicants must have a Juris Doctor (JD) degree, admission to the Massachusetts Bar and (A) at least three years of full-time, or equivalent part-time, professional experience in the practice of law.

Incumbents may be required to have a current and valid Motor Vehicle Drivers License at a Class level specific to assignment.