Word: mcads
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During the ceremony, Governor Dukakis said that the Massachusetts Commission Against Discrimination (MCAD), the state agency responsible for investigating cases of discrimination, "is ready to begin enforcement...
...bear out this contention, the legal brief sets up several standards for determining if a membership club is public or private. These include: "The degree of selectiveness in membership requirements...the use of facilities by nonmembers...and the the performance of a public function." And even if the MCAD chooses not use Baker's framework, he insists that "No one factor is required, and many are absent in clubs which are nonetheless held to be places of public accommodation...
...Club's garden, which is adajecnt to University property and in the past has been jointly maintained, is also an important element of the case, Schkolnick says. "The garden is unique to the Fly. I'm lucky I chose it," she says. According documents filed with MCAD, the garden allows for Harvard students to have unrestricted access through the University to the club grounds...
...addition, the legal papers filed at MCAD say that Shilepsky, Messing and Rudavsky, Baker's firm, has received an unsolicited resume that highlights Fly Club affiliation in seeking employment. The document also says that former and current club members have said they discuss their club membership with prospective employers...
Much of the MCAD's decision may hinge on whether club alumni are still members. If they are, then the membership of the club is quite large, and therefore may be more accountable to the laws against gender discrimination...