How to File MCAD Complaint in Massachusetts

Quick Answer: File a discrimination complaint with MCAD within 300 days of the discriminatory act. You can file online, by mail, or in person. MCAD investigates, attempts conciliation, and may hold hearings. You can also pursue court action within 3 years.

MCAD is Massachusetts' civil rights enforcement agency.

What Is MCAD?

Massachusetts Commission Against Discrimination

MCAD handles:

• Employment discrimination
• Housing discrimination
• Public accommodation discrimination
• Credit discrimination

Jurisdiction

MCAD covers:

• Employers with 6+ employees
• All protected classes under Chapter 151B
• Complaints within Massachusetts

Free Process

Benefits:

• No filing fee
• Investigation provided
• Can represent yourself
• Remedies available

Filing Deadline

300-Day Rule

Must file within:

• 300 days of discriminatory act
• Each act may start new period
• Continuing violation doctrine may apply

When Clock Starts

Deadline runs from:

• Date of discriminatory action
• Date you learned of action
• Last act in continuing violation

Don't Wait

File promptly:

• Evidence fresh
• Witnesses available
• Stronger case
• Avoid deadline issues

Before Filing

Gather Information

Collect:

• Employer name and address
• Dates of incidents
• Description of discrimination
• Names of witnesses
• Supporting documents

Document Everything

Include:

• Timeline of events
• Discriminatory statements
• Comparator information
• Complaints made
• Employer responses

Consider Attorney

Helpful for:

• Complex cases
• Strategy advice
• Drafting complaint
• Representation options

How to File

Online Filing

MCAD website:

• www.mass.gov/mcad
• Create account
• Complete questionnaire
• Submit electronically

In Person

MCAD offices:

• Boston: One Ashburton Place
• Springfield: 436 Dwight Street
• New Bedford: 800 Purchase Street
• Worcester: 484 Main Street

By Mail

Send to:

• One Ashburton Place, Room 601
• Boston, MA 02108

Phone Intake

Call:

• 617-994-6000
• Initial intake available
• Guidance on process

What to Include

Basic Information

Provide:

• Your contact information
• Employer information
• Job title and dates
• Protected class(es)

Description of Discrimination

Explain:

• What happened
• When it happened
• Who was involved
• Why it's discrimination

Basis for Complaint

Identify:

• Protected characteristic (race, sex, age, etc.)
• Type of discrimination
• Adverse actions taken
• Causal connection

Relief Requested

What you want:

• Back pay
• Reinstatement
• Damages
• Policy changes

MCAD Process

Step 1: Intake

Initial review:

• Complaint received
• Jurisdictional check
• Complaint drafted
• Employer notified

Step 2: Investigation

MCAD investigates:

• Employer responds
• Documents requested
• Witnesses interviewed
• Facts gathered

Step 3: Probable Cause Determination

Finding made:

• Probable cause: proceeds to conciliation
• Lack of probable cause: case dismissed
• Can appeal lack finding

Step 4: Conciliation

If probable cause:

• Settlement attempt
• Mediation offered
• Negotiate resolution
• Many cases settle

Step 5: Hearing

If no settlement:

• Formal hearing
• Evidence presented
• Commissioner decides
• Remedies ordered

Timeline

Typical Duration

Expect:

• Intake: 1-2 months
• Investigation: 6-18 months
• Probable cause decision: varies
• Conciliation/hearing: additional months

Factors Affecting Time

Length depends on:

• Case complexity
• Evidence availability
• Settlement discussions
• Agency workload

Removing to Court

Right to Remove

After filing MCAD:

• Can remove to Superior Court
• After 90 days at MCAD
• Within 3 years of violation

Why Remove

Consider removal if:

• Want jury trial
• Complex case
• Faster resolution desired
• Full discovery needed

Process

To remove:

• File motion with MCAD
• File in Superior Court
• 3-year statute applies

Remedies Available

MCAD Remedies

May award:

• Back pay with interest
• Front pay
• Compensatory damages
• Emotional distress
• Attorney's fees
• Policy changes

Enforcement

MCAD can:

• Order reinstatement
• Require training
• Monitor compliance
• Impose penalties

EEOC Dual Filing

Worksharing Agreement

MCAD and EEOC:

• Cross-file complaints
• Joint jurisdiction
• One filing covers both
• Preserves federal claims

When to File Both

Consider EEOC if:

• Federal claims involved
• Employer has 15+ employees
• Want federal court option

How to Dual File

Check box:

• MCAD complaint includes option
• Automatically cross-filed
• Preserves both options

Common Mistakes

Missing Deadline

Avoid by:

• Filing promptly
• Calculating from last act
• Not waiting to "see what happens"

Incomplete Information

Include:

• All incidents
• All protected classes
• All witnesses
• All supporting documents

Not Following Up

Stay engaged:

• Respond to MCAD requests
• Update contact info
• Meet deadlines
• Cooperate with investigation

Frequently Asked Questions

Do I need a lawyer?

Not required, but helpful for complex cases. Many attorneys handle MCAD matters.

How long does it take?

Typically 6-18 months through investigation. Hearing adds more time.

Can I file with EEOC instead?

Yes, but MCAD covers smaller employers (6+) and has broader protections.

What if MCAD finds no probable cause?

You can appeal, or remove to court within 3 years of the violation.

Related Topics

• Massachusetts Workplace Discrimination
• Massachusetts Sexual Harassment
• Massachusetts Employment Law Hub

Take Action

To file MCAD complaint:

1. Calculate 300-day deadline
2. Gather all documentation
3. Identify protected class and discrimination
4. File online, in person, or by mail
5. Consider consulting attorney

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Legal Disclaimer

This article provides general information about filing MCAD complaints and is not legal advice. For specific advice, consult a licensed Massachusetts employment attorney.

For official information:

• MCAD: https://www.mass.gov/orgs/mcad | 617-994-6000