Filing Discrimination and Harassment Lawsuits: Know Your Rights and Time Limits
Critical Considerations for Discrimination and Harassment ClaimsLearn how to navigate the process of bringing a discrimination or harassment lawsuit. Understanding the statutory time limits and the complaint process is crucial. This information is relevant to both discrimination and harassment cases. Discover more about what to expect as a plaintiff in a civil lawsuit.
Statute of Limitations for Discrimination or Harassment ClaimsThe statute of limitations, a crucial aspect of any claim, governs the time frame for taking legal action. In Massachusetts, you have a 300-day window to file a lawsuit for harassment or discrimination. This equates to approximately 10 months, with the clock starting when the discriminatory act occurs. While federal law offers a 180-day limit, in Massachusetts, you have the flexibility to bring either a federal or state law claim within 300 days.
Determining the exact date of the discriminatory act can sometimes be challenging, especially if it unfolds over time or involves multiple incidents. To protect your rights and avoid missing the opportunity to seek a remedy, consider consulting an employment lawyer as soon as possible. If you're uncertain about the time limits and don't have an attorney yet, you can initiate a complaint with the EEOC or MCAD, which does not involve filing fees. This step will suffice as long as it falls within the statute of limitations. Filing a Complaint with the EEOC or MCADAll discrimination and harassment complaints, including retaliation claims, must be initially filed with either the Massachusetts Commission Against Discrimination ("MCAD") or the Equal Employment Opportunity Commission (“EEOC”). These agencies enforce state and federal discrimination laws, covering a wide range of categories, such as race, gender, disability, age, sexual orientation, gender identity, and genetic information under Massachusetts law.
This initial filing with the agency is referred to as "exhausting your administrative remedies." Failing to take this crucial first step within the stipulated time frame will bar you from pursuing your case in court, with limited exceptions for age discrimination and equal pay claims. It's generally advisable to start with the agency process. EEOC and MCAD ProceedingsOnce you've filed your complaint, the agency will notify your employer or former employer about the discrimination charge and assign an investigator to your case. Early on, the agency may propose mediation as an option, although it's not mandatory for either party. Mediation can offer a chance to resolve the matter amicably before incurring the time and expense of litigation.
You retain the choice of continuing with the agency's process or withdrawing your complaint and proceeding to court. In the EEOC, you can transition to court proceedings 180 days after filing the complaint if no decision has been issued. If a decision has been made, you have 90 days from that point to file in court. In the MCAD, you can withdraw your complaint to initiate court proceedings 90 days after filing. While both the EEOC and MCAD handle numerous discrimination cases annually, the process may be lengthy. Additionally, you won't have the same access to discovery procedures as you would in court. Costs and attorneys feesConcerns about covering the costs of a workplace discrimination complaint are understandable. However, many employment lawyers operate on a contingency fee basis. This means you may be required to pay an initial flat fee and cover out-of-pocket expenses, but the bulk of the fees becomes payable only if you receive compensation through a judgment or settlement.
Moreover, if you prevail in a discrimination or harassment claim, your employer is typically responsible for covering your attorney's fees. This arrangement ensures that you don't end up with less money than your employer if you have a strong claim. Do you need a lawyer to bring a discrimination or harassment claim?While it's not mandatory to have legal representation when filing a complaint, consulting an attorney experienced in employment law can be immensely valuable from the outset. They can help you assess whether pursuing a claim is worthwhile and assist in navigating complex procedural requirements that may be challenging for non-legal professionals to comprehend.
If hiring an attorney isn't financially viable at the moment and you need to meet the 300-day deadline, consider initiating the process with the EEOC or MCAD. You can enlist an attorney's help later when transitioning to court proceedings. |
We're Here to Help.OR
|
Meet Our Employment Lawyers
Emily Smith-Lee is the owner and founder of slnlaw. She is a 1996 graduate of Boston College Law School. She was previously a partner at the Boston office of a large international firm, where she worked for thirteen years before starting the firm that became slnlaw in 2009. She has been recognized as Massachusetts Superlawyer each year since 2013, and in 2018 earned recognition as one of Massachusetts Lawyers Weekly's Lawyers of the Year. She has written a book on employment law: Rules of the Road, What You Need to Know About Employment Laws in Massachusetts, and helped thousands of clients on both the employee and employer side with severance and non compete review and negotiation, wage and hour, discrimination and retaliation disputes, workplace sexual harassment situations, and advice about employment law generally.
Rebecca Rogers: Rebecca is a 2006 graduate of Boston College Law School, and has worked with slnlaw since 2013. She previously worked as an intellectual property litigation attorney for Fish & Richardson in Boston, Massachusetts, and clerked for the Massachusetts Supreme Judicial Court. Rebecca has helped clients with wage and hour disputes, employment discrimination, harassment and retaliation claims, review and negotiation of severance and non compete agreements, and advice to both employees and employers about navigating complex employment situations.
Jenna Ordway: Jenna is a 2013 graduate of Quinnipiac Law School, and also earned an LLM in Taxation from Boston University in 2015. She has been affiliated with slnlaw since 2011, first as a law clerk and then as an attorney. Jenna has been recognized since 2019 as a "Rising Star" by Massachusetts Superlawyers. Jenna has helped clients with review and negotiation of severance and non compete agreements, wage and hour disputes, discrimination, harassment and retaliation claims, and advice to small business owners about employment law and other business matters.
Elijah Bresley: Eli is a 2014 graduate of Seton Hall Law school, and has worked with slnlaw since 2020. He previously worked for a boutique employment law firm outside of Boston, and then for the Labor and Employment department of a large Boston firm. He also spent a year clerking for the judges of the Superior Court in Hartford, Connecticut. Eli has helped clients on the employee and employer side with all varieties of employment law issues, including employment discrimination, harassment, retaliation, and wage and hour issues, litigation in MCAD and state and federal courts, and advising employers about employment policies and practices.
Sharleen Tinnin: Sharleen is a 2010 graduate of Northeastern University School of Law, and has been with slnlaw since 2023. Prior to joining slnlaw, she worked with King, Tilden, McEttrick & Brink, P.C. on complex civil litigation matters. She previously worked for the United States Department of Justice, and received an "Excellence in Justice" award in 2017. Sharleen has helped clients with wage and hour, discrimination, harassment and retaliation disputes, review and negotiation of severance agreements, and litigation in MCAD and state and federal courts on employment related issues.
How We Can Help
Our experienced team can provide expert legal guidance and representation to help you navigate discrimination and harassment claims, ensuring your rights are protected throughout the process. 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.
|
|
|
|
|
