Civil Litigation and MCAD: What You Need to Know Before Filing a Discrimination Claim

If you believe you’ve been discriminated against at work, in housing, or in another protected setting, you may be required to start your case with the Massachusetts Commission Against Discrimination (MCAD) before you can pursue a civil lawsuit in court. This step is often confusing for clients, especially when timing and strategy matter.

Below is an overview of how MCAD fits into civil litigation, along with the advantages and disadvantages of filing there.

What Is MCAD and Why Does It Matter?

MCAD is the Massachusetts state agency that enforces anti-discrimination laws. In most discrimination cases, filing a complaint with MCAD is a mandatory prerequisite to bringing a civil lawsuit. If you skip this step or miss the deadline, your claim may be barred entirely.

This requirement applies to many types of discrimination, including those based on:

  • Race or color
  • Gender or sex
  • Disability
  • Age
  • Sexual orientation or gender identity
  • National origin
  • Religion
  • Veteran status

The MCAD Complaint Process

  1. Filing the Complaint
    You must file a formal Complaint of Discrimination with the MCAD within 300 days of the discriminatory act. For certain higher-education cases, the deadline may be shorter. Individuals filing without an attorney typically do so through the MCAD intake process. When represented by counsel, the attorney prepares and files the complaint directly with the MCAD, eliminating the intake interview.
  2. Intake Interview
    An MCAD intake specialist will interview you and prepare the written complaint based on your account. You’ll review and sign the complaint before it is formally filed.
  3. Investigation
    Once filed, an MCAD investigator gathers documents, interviews witnesses, and evaluates the facts to determine whether there is probable cause to believe discrimination occurred. This phase can take a significant amount of time.

    If probable cause is found, the case may proceed toward a hearing.

Moving from MCAD to Civil Litigation in Court

When Can You File in Court?

After your MCAD complaint has been on file for 90 days, you generally have the option to remove the case from the MCAD and file a civil lawsuit in Massachusetts Superior Court, as long as you do so within three years of the discriminatory act. In some situations, a case can be moved sooner with permission from an MCAD Commissioner.

Why Many Cases Leave MCAD

While MCAD is required at the start, many attorneys choose not to litigate the case there long-term. Instead, they file in court once allowed. Common reasons include:

  • Faster and broader discovery
  • Greater control over the litigation process
  • The right to a jury trial
  • Fewer procedural delays

MCAD investigations can move slowly, and clients often want a more direct path toward resolution.

Advantages of Filing with MCAD

  • Required first step for most discrimination claims
  • No filing fee
  • Can prompt early settlement discussions
  • Preserves your legal rights while strategy is evaluated
  • Often satisfies federal filing requirements through work-sharing agreements with the Equal Employment Opportunity Commission (EEOC)

Disadvantages of MCAD

  • Investigations can take years
  • Limited discovery compared to the court
  • No jury trial
  • Less control over pacing and strategy
  • Outcomes depend heavily on agency findings

Because of these limitations, MCAD is often treated as a gateway rather than the final forum.

Representation Matters

You can file an MCAD complaint without an attorney. However, many people choose to work with counsel early in the process. How the complaint is written can directly affect what claims you can later bring in court. Strategic decisions made at MCAD often shape the entire case.

Final Thoughts

If you are considering filing a discrimination claim or are unsure how MCAD fits into your potential civil lawsuit, getting legal guidance early is critical. The attorneys at Kerstein and Konowitz Law Group, LLP have extensive experience navigating MCAD filings and transitioning cases into civil litigation when appropriate. Contact our Wellesley, Massachusetts office to discuss your situation and learn how we can help protect your rights and pursue the strongest possible outcome.

The post Civil Litigation & MCAD: Before Filing a Discrimination Claim appeared first on Kerstein and Konowitz Law Group, LLP.

Photo of Hannah Konowitz Hannah Konowitz

Hannah Konowitz is a founding member of Kerstein and Konowitz Law Group. She focuses on education law, assisting students, parents, educators, and educational institutions in navigating the complex legal landscape that governs K-12 schools, colleges, and universities. When working with Hannah, she will…

Hannah Konowitz is a founding member of Kerstein and Konowitz Law Group. She focuses on education law, assisting students, parents, educators, and educational institutions in navigating the complex legal landscape that governs K-12 schools, colleges, and universities. When working with Hannah, she will ensure that you are heard, respected, and guided toward meaningful outcomes.

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