A tenant named Rosa believes her landlord refused to renew her lease because of her national origin. She wants to file a complaint under Massachusetts law. Rosa's attorney advises her that she may file with the MCAD OR pursue a private civil lawsuit in Superior Court. Under MGL Chapter 151B, what is the key restriction on this dual-track option?
Correct Answer
B) Rosa may file with MCAD or in court, but once she elects one forum she cannot simultaneously pursue the other
Under MGL Chapter 151B, Section 9, a complainant has the right to file either with the MCAD or bring a civil action in Superior Court. However, this is an election of remedies — once a complainant chooses one forum, they cannot simultaneously pursue the other. The complainant must choose between the administrative process at MCAD and the judicial process in court.
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Related Topics & Key Terms
Key Terms:
Related Concepts
In real estate, the distinction between an independent contractor and an employee determines tax treatment, liability, and the level of control a broker may exercise over the agent's daily activities. Most real estate agents operate as independent contractors.
Florida real estate licenses must be renewed biennially, and sales associates have specific post-license education requirements for their first renewal.
License requirements are the mandatory qualifications—including pre-licensing education, examination, and background checks—that a person must satisfy before legally practicing real estate. These requirements are established and enforced by each state's real estate commission.
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