Mass.gov
Overview
The Massachusetts Commission Against Discrimination (MCAD) enforces the Commonwealth’s anti-discrimination laws in the areas of employment, housing, public accommodations, mortgage lending, credit, and education. It does so through the investigation, prosecution and adjudication of complaints filed with the agency. As of January 1, 2026, the MCAD has five Commissioners, three appointed by the Governor and two appointed by the Attorney General, each for a three-year term. At least two of the five Commissioners shall reside in Barnstable, Berkshire, Bristol, Franklin, Hampden, Hampshire, Plymouth or Worcester county. The Chair, appointed by the Governor, serves in a full-time role. The other four Commissioners serve on a per diem basis. The MCAD expects the time commitment for per diem Commissioners to be fewer than five hours per week on average. The Commissioners have broad statutory authority pursuant to M.G.L. c. 151B and c. 6, § 56 to carry out the MCAD’s mission to eradicate discrimination in the Commonwealth, primarily through public facing policy making, promulgating regulations, and rendering final decisions of appeals to the Full Commission from decisions issued by MCAD hearing officers. In all these endeavors, it is well established that the MCAD and its Commissioners are empowered to broadly interpret the law to achieve its important remedial purpose. All five Commissioners equally share these powers and duties. However, the Chair holds additional authority by virtue of their leadership role among the Commissioners and full-time employment status. A quorum vote of three Commissioners is required to conduct the “business of the Commission” as dictated by M.G.L. c. 6, § 56. All Commission business for which a quorum of Commissioners is required is subject to the process mandated by the Open Meeting Law (OML), M.G.L. c. 30A, §§ 18-25 as well as the MCAD’s Open Meeting Process and Procedure (effective July 12, 2022). Accordingly, the Commissioners must attend regular Commission Meetings, with agenda and notice posting requirements that comply with the OML. The Commissioners must also strictly adhere to the OML restrictions on communications, understanding that discussions among three or more Commissioners outside of a properly posted open meeting must be clearly covered by an OML exception, e.g., communications purely social in nature, or deliberations for the purpose of making a decision in a quasi-judicial proceeding (i.e., Full Commission decisions). The Chair is responsible for setting the agenda for Commission meetings, in consideration of agenda items requested by the other Commissioners. The four per diem Commissioners will be compensated for the time spent attending, commuting to, and preparing for these meetings, as well as for the time spent fulfilling other duties outlined herein. Through their substantive work, the Commissioners play a central role in interpreting state anti-discrimination law through the development of MCAD regulations and guidelines public facing policy, and when issuing final decisions as members of the Full Commission. The substantive work is the Commissioners’ primary work. The authority to direct all day-to-day operations and oversee administration and personnel is statutorily with the MCAD Executive Director. The Executive Director serves as the executive, operational and administrative head of the agency, and is responsible for the overall management of the agency including but not limited to all personnel management and hiring. The Executive Director is hired by and reports to the Commissioners and is expected to communicate with the Commissioners openly and collaboratively in the execution of their duties. The following details the Commissioners’ duties and responsibilities, and the differences between the Chair’s role and those of the other Commissioners.
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The Massachusetts Commission Against Discrimination (MCAD) enforces the Commonwealth’s anti-discrimination laws in the areas of employment, housing, public accommodations, mortgage lending, credit, and education. It does so through the investigation, prosecution and adjudication of complaints filed with the agency. As of January 1, 2026, the MCAD has five Commissioners, three appointed by the Governor and two appointed by the Attorney General, each for a three-year term. At least two of the five Commissioners shall reside in Barnstable, Berkshire, Bristol, Franklin, Hampden, Hampshire, Plymouth or Worcester county. The Chair, appointed by the Governor, serves in a full-time role. The other four Commissioners serve on a per diem basis. The MCAD expects the time commitment for per diem Commissioners to be fewer than five hours per week on average. The Commissioners have broad statutory authority pursuant to M.G.L. c. 151B and c. 6, § 56 to carry out the MCAD’s mission to eradicate discrimination in the Commonwealth, primarily through public facing policy making, promulgating regulations, and rendering final decisions of appeals to the Full Commission from decisions issued by MCAD hearing officers. In all these endeavors, it is well established that the MCAD and its Commissioners are empowered to broadly interpret the law to achieve its important remedial purpose. All five Commissioners equally share these powers and duties. However, the Chair holds additional authority by virtue of their leadership role among the Commissioners and full-time employment status. A quorum vote of three Commissioners is required to conduct the “business of the Commission” as dictated by M.G.L. c. 6, § 56. All Commission business for which a quorum of Commissioners is required is subject to the process mandated by the Open Meeting Law (OML), M.G.L. c. 30A, §§ 18-25 as well as the MCAD’s Open Meeting Process and Procedure (effective July 12, 2022). Accordingly, the Commissioners must attend regular Commission Meetings, with agenda and notice posting requirements that comply with the OML. The Commissioners must also strictly adhere to the OML restrictions on communications, understanding that discussions among three or more Commissioners outside of a properly posted open meeting must be clearly covered by an OML exception, e.g., communications purely social in nature, or deliberations for the purpose of making a decision in a quasi-judicial proceeding (i.e., Full Commission decisions). The Chair is responsible for setting the agenda for Commission meetings, in consideration of agenda items requested by the other Commissioners. The four per diem Commissioners will be compensated for the time spent attending, commuting to, and preparing for these meetings, as well as for the time spent fulfilling other duties outlined herein. Through their substantive work, the Commissioners play a central role in interpreting state anti-discrimination law through the development of MCAD regulations and guidelines public facing policy, and when issuing final decisions as members of the Full Commission. The substantive work is the Commissioners’ primary work. The authority to direct all day-to-day operations and oversee administration and personnel is statutorily with the MCAD Executive Director. The Executive Director serves as the executive, operational and administrative head of the agency, and is responsible for the overall management of the agency including but not limited to all personnel management and hiring. The Executive Director is hired by and reports to the Commissioners and is expected to communicate with the Commissioners openly and collaboratively in the execution of their duties. The following details the Commissioners’ duties and responsibilities, and the differences between the Chair’s role and those of the other Commissioners.
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