Word: mcad
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...Massachusetts Commission Against Discrimination (MCAD)--where Schkolnick filed her complaint in December 1988--has still not reached a verdict. Last spring, the commission tabled a Fly Club motion to dismiss the case and announced it would reach a verdict based on currently available information. That decision ended months of legal jockeying between Baker and the Fly Club's attorneys, whom MCAD labeled uncooperative at one point...
Allen says the complexity of public accommodations law and the sheer bulk of information submitted by attorneys have also prolonged the investigation. In addition, MCAD's own lawyers have had to consider the legal implications of a decision...
...Definitely enthusiasm waxes and wanes," saysSWAT President Jeanne F. Theoharis '91, sayingthat the best time for the MCAD to make a decisionwould have been at the end of last year, when SWATwas one of the major undergraduate clubs oncampus...
Allen says that if MCAD decides there is a"reasonable likelihood" that the Fly Clubdiscriminates, the case would go in front of apublic hearing. If the commission decided in favorof either the plaintiffs or the defendant at thatpoint, the parties could appeal the case in thecivil courts...
...even if MCAD rules in Schkolnick's favorand orders the club to admit women, the othereight clubs would not necessarily be obligated tofollow suit, Allen adds. Small differences betweenthem may make it possible that some could belegally considered private and others public...