Mock Trial of an MCAD Gender Identity Case

This program demonstrates effective techniques for presenting and defending a winning case before the MCAD. The expert panelists simulate portions of an MCAD Public Hearing of a gender identity discrimination case-and offer practical tips on this relatively new area of the law.

This year's new fact pattern involves a high-level executive at an asset management firm with a global presence and client base. Just prior to the long-term male employee's upcoming vacation, he informed human resources that when he returns from vacation, he expects to present and be treated as a female. He anticipates changing his name, printing new business cards, and using female office facilities, including restrooms and a gym changing room. He presented human resources with a letter from his psychologist and an expected surgery date six to nine months later. Following the return from vacation, some requests were not met, including use of the female facilities-and there have been incidents with other employees who refused to call the employee by her chosen name, made derogatory comments, and objected to her expected use of the female facilities-which has caused disruption. And some of the firm's most profitable clients refuse to continue to do business with the employee. In order not to lose the business, the CEO reassigned the employee to other clients with whom the employee has not previously worked-which resulted in lost income for the employee. The employee, who continues to be employed, filed a charge of discrimination based upon gender identity, including harassment. How would you handle the matter as complainant's or respondent's counsel?

Observe seasoned employment attorneys as they present key aspects of the complainant's and respondent's cases to an actual MCAD Hearing Officer. Then hear firsthand from the Hearing Officer what presentation styles, techniques, and strategies were effective.