How to File a Workplace Discrimination Complaint in Massachusetts

Filing a workplace discrimination complaint in Massachusetts involves submitting a charge to either the Massachusetts Commission Against Discrimination (MCAD) or the Equal Employment Opportunity Commission (EEOC) — and you typically have only 300 days from the discriminatory act to do it.

Missing that window can permanently bar your claim, so understanding the process before you act is critical.

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What Counts as Workplace Discrimination in Massachusetts?

Massachusetts law — specifically Chapter 151B — is broader than federal law and protects employees from discrimination based on:

• Race, color, or national origin
• Sex or gender identity
• Sexual orientation
• Age (40 and over)
• Disability
• Religion
• Pregnancy or lactation status
• Military status
• Genetic information

Discrimination can take many forms beyond being fired. It includes demotion, pay inequity, hostile work environment, refusal to hire, and denial of reasonable accommodations.

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Deadlines You Cannot Miss in Massachusetts

> Critical deadline: In Massachusetts, you generally have 300 days from the date of the discriminatory act to file a charge with the MCAD. Miss this deadline and you may lose your right to sue entirely — no exceptions.

| Filing Body | Deadline | Covers |

|---|---|---|

| MCAD (state) | 300 days from the discriminatory act | Most MA employees |

| EEOC (federal) | 300 days (dual-filing with MCAD extends the federal window) | Employers with 15+ employees |

Filing with the MCAD automatically cross-files with the EEOC in most cases, so you typically only need to file once (as of 2024; verify with counsel).

Start the clock carefully. The 300-day period often begins on the date of the specific act — such as the day you were fired or the day a promotion was denied — not the day you realized it was discriminatory.

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How to File a Complaint: Step-by-Step

Step 1 — Gather Your Evidence First

Before you file anything, collect and preserve documentation. Evidence disappears fast once an employer knows a complaint is coming.

• Emails, texts, and internal messages referencing your protected class or the discriminatory treatment
• Performance reviews (especially any positive reviews that contradict a stated reason for termination)
• Pay stubs or offer letters showing wage discrepancies
• Notes with dates, times, locations, and witnesses for each incident
• HR complaints you already submitted in writing
• Your employee handbook and the employer's written policies

Step 2 — File with the MCAD (or EEOC)

You can file an MCAD complaint:

1. Online through the MCAD's online intake portal
2. In person at an MCAD office (Boston, Springfield, Worcester, or New Bedford)
3. By mail, using the MCAD intake questionnaire

The MCAD will assign an investigator and notify your employer. Your employer must then submit a written response (called a Position Statement).

Step 3 — Understand What Happens After You File

• The MCAD investigates and may request documents from both sides.
• The agency may offer mediation or a conciliation conference to resolve the matter early.
• If no resolution is reached, the MCAD issues a finding of Probable Cause or No Probable Cause.
• A Probable Cause finding can lead to a public hearing before the MCAD or give you the right to remove your case to Superior Court.

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Evidence That Strengthens a Discrimination Claim

Not all complaints are equal. Investigators and judges weigh the quality of evidence heavily. The strongest cases typically include:

• Direct statements by a supervisor referencing your protected characteristic
• Comparator evidence — showing similarly situated employees outside your protected class were treated better
• A clear timeline tying the discriminatory act to a triggering event (e.g., a complaint you made, a leave you took, or a disclosure you made)
• Pattern of behavior — documented incidents over time, not just one isolated event
• Sudden changes in performance reviews after you reported discrimination

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Common Mistakes That Can Hurt Your Case

Even valid claims get weakened by avoidable errors. Watch out for these:

• Waiting too long. The 300-day clock is unforgiving. If you're unsure whether something counts as discrimination, consult a lawyer before the deadline passes.
• Signing a severance agreement without legal review. Many severance agreements include broad waivers that release discrimination claims permanently.
• Venting on social media. Employers and their attorneys monitor social media. Public posts can be used against you.
• Failing to use internal HR channels first (in some cases, this can matter for damages — verify with counsel).
• Destroying or deleting communications. Even messages that feel embarrassing can help establish context.
• Going it alone at an MCAD hearing. The process looks informal but follows legal rules of evidence.

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What to Bring to a Consultation with a Massachusetts Employment Lawyer

If you're considering speaking with an attorney before or after filing, bring:

• A written timeline of events (dates, what happened, who was present)
• Copies of relevant emails, texts, or documents
• Your employment contract or offer letter
• Any severance agreement you've been asked to sign
• Prior HR or management complaints you submitted
• Your most recent performance evaluations

An attorney can help you decide whether to file with the MCAD, go straight to federal court (in some situations), or pursue other remedies under Massachusetts law.

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Get a Free Case Evaluation in Massachusetts

If you believe you've experienced workplace discrimination in Massachusetts, acting quickly is the single most important thing you can do. The 300-day deadline leaves little room for delay, and evidence gets harder to obtain over time. Holbrook Ashford Law Firm offers free, no-obligation case evaluations for Massachusetts employees — start your free case evaluation.