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Practice Of Real EstateFair HousingEASY

A real estate salesperson named Derek steers African-American buyers away from listings in predominantly white neighborhoods in violation of MGL Chapter 151B. His broker, Sandra, was unaware of Derek's conduct. If a complaint is filed against Derek with the MCAD, which of the following penalties can MCAD impose on Derek?

Correct Answer

B) MCAD can order Derek to pay actual damages, civil penalties, and take affirmative action to remedy the discrimination

Under MGL Chapter 151B, Section 5, the MCAD has broad remedial authority. Upon finding a violation, MCAD can order the respondent to pay actual damages (including emotional distress), civil penalties, and take affirmative action such as cease-and-desist orders and policy changes. These remedies are available through the MCAD administrative process without requiring a separate court action.

Answer Options
A
MCAD can only recommend disciplinary action to BORREBS; it cannot impose penalties directly on licensees
B
MCAD can order Derek to pay actual damages, civil penalties, and take affirmative action to remedy the discrimination
C
MCAD can impose criminal fines only; civil damages must be pursued through a separate court action
D
MCAD can suspend Derek's real estate license pending resolution of the complaint

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Related Topics & Key Terms

Key Terms:

chapter_151BMCAD_penaltiesactual_damagescivil_penaltiesfair_housing_enforcement

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