How to Bring a Discrimination or Harassment Lawsuit
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If you are thinking about bringing a claim for discrimination and/or harassment, it is important that you understand the time limits (statute of limitations) and the complaint process. The information below applies to both discrimination and harassment complaints. You can also read more about what to expect as a plaintiff in a civil lawsuit.
Discrimination or harassment time limitsThe time limit for bring any kind of claim is called a statute of limitations. In Massachusetts, there is a 300 day statute of limitations for harassment or discrimination lawsuits. 300 days is approximately 10 months, and the time begins to run when the discriminatory act occurs. You may see information on the internet saying you only have 180 days. That is true under federal law, but in Massachusetts you can bring either a federal or state law claim within 300 days.
Unfortunately, except in the case of a termination, it is not always clear when the triggering act occurred. Many instances of discrimination in employment play out over time and multiple events. If you believe you have been discriminated against or sexually harassed, it is important to see an employment lawyer as soon as possible, to avoid the risk of losing your right to seek a remedy. If in doubt about the time limits and do not yet have an attorney, you can file a complaint yourself in the EEOC or MCAD. There is no filing fee for either agency. Simply filing your complaint will meet your obligations under the statute of limitations if it is timely. Filing with the EEOC or MCADAll discrimination and discrimination-related claims (including retaliation and harassment claims) must be brought first in either the Massachusetts Commission Against Discrimination ("MCAD") or the Equal Employment Opportunity Commission (“EEOC”).
Both the EEOC and the MCAD are charged with enforcing state and federal discrimination laws. This includes discrimination based on race, color, gender, disability, age, and other categories. Under Massachusetts law it also includes discrimination based on sexual orientation, gender identity and genetic information. Filing with one of these agencies is called exhausting your administrative remedies. If you do not take this first step within the required time period, a court will not later hear your case. There are limited exceptions involving age discrimination and equal pay claims, but the safest course is to file with the agency first. |
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EEOC and MCAD Proceedings
Once you file your complaint, the agency will notify your employer or former employer that a charge of discrimination has been filed. They will also assign an investigator to your case.
Early in the process, the agency may offer an opportunity for mediation. You do not have to agree to mediate, nor does your employer. But if you both agree, this can be an opportunity to reach a resolution before incurring the time and cost of litigation. You can read more about mediation and how it works and things you should consider in deciding whether to agree to mediation.
You will also have a choice about whether to continue with the agency process or withdraw and file in court.
In the EEOC, you can remove and file in court 180 days after you file the complaint, as long as no decision has been issued. If there is a decision, you can file in court within 90 days from that decision.
In the MCAD, you can withdraw the complaint to file in court 90 days after filing.
Both the EEOC and MCAD hear thousands of discrimination cases every year, and have experience with those claims. The process can be slow, however. You also do not have the same access to discovery that you would have in court.
Early in the process, the agency may offer an opportunity for mediation. You do not have to agree to mediate, nor does your employer. But if you both agree, this can be an opportunity to reach a resolution before incurring the time and cost of litigation. You can read more about mediation and how it works and things you should consider in deciding whether to agree to mediation.
You will also have a choice about whether to continue with the agency process or withdraw and file in court.
In the EEOC, you can remove and file in court 180 days after you file the complaint, as long as no decision has been issued. If there is a decision, you can file in court within 90 days from that decision.
In the MCAD, you can withdraw the complaint to file in court 90 days after filing.
Both the EEOC and MCAD hear thousands of discrimination cases every year, and have experience with those claims. The process can be slow, however. You also do not have the same access to discovery that you would have in court.
Costs and attorneys fees
You may be concerned about how to pay for a workplace discrimination complaint. This is a valid concern. You may be dealing with a large company and believe they have unlimited resources to fight your claim.
What you need to know is two things. First, many employment lawyers will take your case on a contingent fee basis. You may have to pay an initial flat fee and cover out of pocket costs, but the vast majority of the fees will only be owed if you recover money in a judgment or settlement.
The second is that if you win a discrimination or harassment claim, your employer will have to cover your attorneys fees. That means if you have a strong claim you don't have to worry that you have less money than your employer.
What you need to know is two things. First, many employment lawyers will take your case on a contingent fee basis. You may have to pay an initial flat fee and cover out of pocket costs, but the vast majority of the fees will only be owed if you recover money in a judgment or settlement.
The second is that if you win a discrimination or harassment claim, your employer will have to cover your attorneys fees. That means if you have a strong claim you don't have to worry that you have less money than your employer.
Do you need a lawyer to bring a discrimination or harassment claim?
You are not required to have a lawyer to bring a complaint. Both the EEOC and MCAD have staff available to help you fill out the paperwork. You are also legally allowed to represent yourself in court if you withdraw your administrative complaint and file a lawsuit.
An attorney experienced in employment law, however, can be an invaluable resource from the beginning. They can help you decide whether it is worth your time to pursue a claim. They can also help you navigate the procedural requirements that are often hard for laypeople to understand.
If you can't afford a lawyer and need to meet the 300 day deadline, you can file with the EEOC or MCAD and find an attorney to help you later when you remove the claim and file in court.
An attorney experienced in employment law, however, can be an invaluable resource from the beginning. They can help you decide whether it is worth your time to pursue a claim. They can also help you navigate the procedural requirements that are often hard for laypeople to understand.
If you can't afford a lawyer and need to meet the 300 day deadline, you can file with the EEOC or MCAD and find an attorney to help you later when you remove the claim and file in court.
How we can help
If you feel that you are the target of discrimination, harassment, or retaliation and are trying to decide what do do about it, we can help you assess the situation, understand your rights and obligations, and make a plan to solve the problem. You can use the button below to schedule a call back from a member of our team, give us a call at 781-784-2322, or fill out our web form to let us know a little more about your situation.
