Your Discrimination or Harassment Lawsuit: What to Expect
Navigating Your Discrimination or Harassment Lawsuit: What to ExpectBringing a discrimination or harassment lawsuit can be unfamiliar territory. While certain procedures apply to all civil lawsuits, there are unique aspects to discrimination and harassment claims that you should be aware of from the outset.
Understanding EEOC and MCAD: Where It BeginsEvery discrimination and sexual harassment claim initiates with an administrative agency, either the Equal Employment Opportunity Commission (EEOC) at the federal level or the Massachusetts Commission Against Discrimination (MCAD) at the state level. You don't have to file with both; filing with one automatically opens a docket with the other.
Once you've filed, you face a decision: continue with the agency process until resolution or settlement, or transfer your case to state or federal court. |
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Grasping Statute of Limitations
Navigating the statute of limitations for discrimination and harassment claims can be perplexing. In Massachusetts, you have approximately ten months (300 days) from the discriminatory act to file with the EEOC or MCAD.
After filing with either agency, you have three years from the discriminatory act to file a court case if you opt to do so. Keep in mind that cases in MCAD sometimes extend beyond the three-year limit. If that occurs, you may lose your chance to file a state court claim based on dissatisfaction with the MCAD proceedings.
The federal court timeline operates differently. If you request EEOC dismissal or face a dismissal on merits, you have 90 days from the dismissal notice to file in federal court, even if it's been more than three years.
The key takeaway: 300 days pass quickly, so timely action is crucial. If you're running out of time and don't have an attorney yet, consider filing a pro se (meaning without an attorney) complaint with EEOC or MCAD while actively seeking legal representation.
After filing with either agency, you have three years from the discriminatory act to file a court case if you opt to do so. Keep in mind that cases in MCAD sometimes extend beyond the three-year limit. If that occurs, you may lose your chance to file a state court claim based on dissatisfaction with the MCAD proceedings.
The federal court timeline operates differently. If you request EEOC dismissal or face a dismissal on merits, you have 90 days from the dismissal notice to file in federal court, even if it's been more than three years.
The key takeaway: 300 days pass quickly, so timely action is crucial. If you're running out of time and don't have an attorney yet, consider filing a pro se (meaning without an attorney) complaint with EEOC or MCAD while actively seeking legal representation.
Understanding Timelines in a Discrimination Lawsuit
The timeline for discrimination and harassment cases in MCAD or EEOC can vary significantly, with some cases languishing for years without substantial progress.
Should you decide to proceed to court, you'll have to wait at least 90 days after filing before removing your case from MCAD. Once done, you file in court, and a discovery schedule is established (usually 9 months to a year).
Following discovery, the defendant may file a summary judgment motion to convince the court that you lack evidence. This process adds approximately two months, allowing time for briefing, arguments, and court decisions.
Traditionally, trial dates follow summary judgment by several months, but court backlogs due to the pandemic have made this unpredictable. Despite the uncertainty, it's wise to have an attorney guide you through this complex process.
Should you decide to proceed to court, you'll have to wait at least 90 days after filing before removing your case from MCAD. Once done, you file in court, and a discovery schedule is established (usually 9 months to a year).
Following discovery, the defendant may file a summary judgment motion to convince the court that you lack evidence. This process adds approximately two months, allowing time for briefing, arguments, and court decisions.
Traditionally, trial dates follow summary judgment by several months, but court backlogs due to the pandemic have made this unpredictable. Despite the uncertainty, it's wise to have an attorney guide you through this complex process.
Assessing Discrimination and Harassment Damages
Understanding potential damages is essential. If you were terminated due to discrimination, the primary damages involve lost wages, calculated from termination to judgment. This amount is offset by any replacement income and unemployment benefits, promoting the mitigation of damages concept. Emotional distress damages can also be pursued, contingent on your ability to demonstrate emotional distress and the severity of the employer's behavior.
For sexual harassment claims, damages vary. In cases where the environment is intolerable, and a reasonable person wouldn't endure it, you might claim "constructive discharge." This entails similar damages as wrongful termination cases.
If you can't prove constructive discharge, you can still seek damages for emotional distress. Denied promotions or job opportunities due to harassment can also be included. Retaliation termination following harassment reporting may lead to wrongful termination damages.
In successful claims, the employer covers your costs, attorney fees, and interest on damages from the complaint filing date.
For sexual harassment claims, damages vary. In cases where the environment is intolerable, and a reasonable person wouldn't endure it, you might claim "constructive discharge." This entails similar damages as wrongful termination cases.
If you can't prove constructive discharge, you can still seek damages for emotional distress. Denied promotions or job opportunities due to harassment can also be included. Retaliation termination following harassment reporting may lead to wrongful termination damages.
In successful claims, the employer covers your costs, attorney fees, and interest on damages from the complaint filing date.
Navigating Discovery in Your Suit
The discovery process gathers relevant case information. It often surprises individuals with its broad scope. During this stage, both parties must provide documents, answer written questions (interrogatories), admit or deny specific facts, and provide deposition testimony.
While answering questions you may prefer to avoid, remember that the other party must reciprocate. Your attorney can object to inappropriate requests, ensuring your attorney reviews all relevant documents even if they won't be produced.
Depositions are crucial, with your lawyer guiding you through preparation. Depositions usually take a day and occur at the opposing attorney's office.
While answering questions you may prefer to avoid, remember that the other party must reciprocate. Your attorney can object to inappropriate requests, ensuring your attorney reviews all relevant documents even if they won't be produced.
Depositions are crucial, with your lawyer guiding you through preparation. Depositions usually take a day and occur at the opposing attorney's office.
Managing Costs
Costs in your case depend on your attorney's fee arrangement. With hourly billing, expenses vary. It's advisable to discuss budgets for different discovery aspects.
Under a contingency fee agreement, you pay no attorney fees until you recover compensation, either via judgment or settlement. You'll encounter out-of-pocket costs, including court filing fees and deposition transcript fees ($300-$900 per deposition). Cases requiring expert testimony incur additional costs.
Under a contingency fee agreement, you pay no attorney fees until you recover compensation, either via judgment or settlement. You'll encounter out-of-pocket costs, including court filing fees and deposition transcript fees ($300-$900 per deposition). Cases requiring expert testimony incur additional costs.
Staying in the Loop With Your Lawyer
Your lawyer should keep you informed of case developments, settlement offers, or any questions or concerns you may have. Understand that periods of inactivity can occur between case milestones, like waiting for opposing responses or court actions.
Evaluating Settlement Offers
Over 97% of civil cases reach settlements. Your lawyer will help you assess offers, considering both your subjective willingness and an objective analysis of potential trial results.
Settlement means compromise. While it may not fully satisfy your expectations, it may provide what you need to move forward. Your attorney evaluates offers based on estimated trial outcomes, especially when offered early in the case before substantial time and money investment.
Settlement means compromise. While it may not fully satisfy your expectations, it may provide what you need to move forward. Your attorney evaluates offers based on estimated trial outcomes, especially when offered early in the case before substantial time and money investment.
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 legal team is here to guide you through every step of your discrimination or harassment lawsuit, from initiating proceedings with EEOC or MCAD to navigating the complex legal processes and assessing settlement offers. We provide expert counsel to ensure you make informed decisions and seek the compensation you deserve.You can use the button below to schedule a call back from a member of our team, or give us a call at 781-784-2322.
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