What Do I Have to do Before Bringing a Discrimination or Harassment Lawsuit?
Requirements for Filing a Discrimination or Harassment ClaimIf you want to sue an employer for discrimination, sexual harassment, or retaliation for reporting discrimination or harassment, you must first file a claim either in the Massachusetts Commission Against Discrimination ("MCAD") or the federal Equal Employment Opportunity Commission ("EEOC"). A civil court will not hear your case later unless you have done this, which is sometimes called "exhausting your administrative remedies."
The two most important things you need to know are: (i) you must bring this claim within 300 days of the events that trigger your claim (approximately ten months); and (ii) you can later to choose to either litigate the case at MCAD or EEOC, or withdraw it and file a civil lawsuit in state or federal court. It is a good idea for many reasons to consult an attorney well before you reach the 300 day time limit. If you are close to the deadline, however, and do not yet have counsel, both the MCAD and EEOC have staff who can help you file the initial complaint without an attorney, to at least protect your rights while you find someone who can help you. Learn more here about bringing a discrimination or harassment claim. |
We're Here to Help.OR
|
Questions About a Discrimination or Harassment Lawsuit?
Our Solutions Roadmap is a quick and easy way to share the details of what you are facing and receive preliminary feedback from a member of our team. Use the button below to get started- it is 100% confidential and 100% free.
Meet Our Trial Attorneys
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, with a focus on complex business litigation. In 2009, she started the firm that became slnlaw. 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 for a precedent-setting victory at the Massachusetts Supreme Judicial Court. 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 with business and employment disputes. Emily has handled cases at every level of the state system, in the federal trial court, and before the First Circuit Court of Appeals.
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 successfully defended numerous employers in the MCAD, and litigated other business and employment disputes throughout the state court system and in the federal trial court.
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 litigated both plaintiff and defendant cases in the state court system, MCAD, and the federal trial court.
Emily Smith-Lee Rated by Super Lawyers loading ... |