Code of Massachusetts Regulations 804 CMR - MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION
Here’s a comprehensive look at 804 CMR, the regulations of the Massachusetts Commission Against Discrimination (MCAD):
📜 804 CMR – MCAD Regulations
The regulations are structured into core chapters covering procedural rules, discrimination categories, enforcement, and additional services (mass.gov):
1. 804 CMR 1.00 – Rules of Procedure
Outlines processes before the MCAD, including complaint filing, mediation, conciliation, hearings, and withdrawals. It aims for a just, speedy, and fair resolution (mass.gov).
Mediation (1.06): Initiated before investigation, confidential, with procedural safeguards .
Conciliation (1.09): Required after probable cause, with frameworks for settlement, public interest, and documentation (regulations.justia.com).
Filing & Tolling (1.04): Includes provisions for tolling filing deadlines during mediation and discovery (law.cornell.edu).
2. 804 CMR 2.00 – Housing Discrimination
Defines unlawful housing practices—such as denial based on protected class (race, gender, handicap, etc.)—and governs advertising, renting, leasing, and selling .
3. 804 CMR 3.00 – Employment Discrimination
Details prohibited employment practices and discriminatory behavior by employers and labor organizations, including harassment, hiring, pay disparities, and BFOQs (bona fide occupational qualifications) (casetext.com).
4. 804 CMR 8.00 – Sex Discrimination in Employment: Maternity Leave
Covers protections related to pregnancy, childbirth, and related medical conditions. (Mentioned in table of contents) .
5. 804 CMR 10.00 – Enforcement of Commission Decisions
Outlines procedures for enforcing MCAD orders and ensuring compliance with remedies (mass.gov).
6. 804 CMR 11.00 – Provision of Training Services
Covers MCAD's authority to provide discrimination prevention and diversity training. (Listed in contents) (mass.gov).
7. 804 CMR 12.00 – Fees for Public Records
Establishes fees associated with accessing MCAD public records. (Also listed in contents) (mass.gov).
🔍 Additional Context & Resources
MCAD’s authority comes from Massachusetts General Laws (M.G.L.) c. 151B (mass.gov).
Their commitment to mediation and conciliation reflects a philosophy of fair, efficient resolution for complainants and respondents (regulations.justia.com).
Procedural timelines—including position statement deadlines and mediation tolling—are designed to streamline case progression .
✅ Quick Reference Table
Section
Title/Topic
1.00
Rules of procedure (includes mediation/conciliation)
2.00
Housing discrimination
3.00
Employment discrimination
8.00
Sex discrimination, maternity leave
10.00
Enforcement of decisions
11.00
Training services
12.00
Public records fees
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