If you have filed a discrimination case with the Massachusetts Commission Against Discrimination (MCAD), you will have the choice after 90 days to remove it and file in court. Either the MCAD or a court has the authority to award damages including back wages, emotional distress, and sometimes punitive damages.
There are some differences, however. Below are some things you should consider in making a decision about removing your MCAD complaint. There are many reasons you might choose to leave your case in MCAD. The MCAD's sole responsibility is to handle claims of discrimination and sexual harassment. This means they have lots of experience in discrimination laws.
The MCAD process is also somewhat less formal than court. You are almost always better off having a lawyer than handling your case yourself. But if you have chosen to represent yourself, the MCAD process is more user friendly and easier to manage without at attorney.
The MCAD filings are not public records unless or until there is an investigative finding. If you are concerned about future employers knowing that you filed an employment discrimination claim, staying in MCAD gives you an opportunity to pursue and resolve those claims before the information becomes public. There are also many reasons you might choose to withdraw your claim from MCAD.
​
One reason might be timing. You have to file with MCAD within 300 days of the discriminatory act, but once you meet that deadline you have a full three years to file in court. If you had to file an MCAD complaint quickly to meet the statute of limitations, withdrawal may give you more time to develop your claims before proceeding.
Another is that the discovery available in MCAD is more limited and discretionary than it is in court. In MCAD, the investigator will have discretion about whether and to what extent you can get information from your employer. In Superior or Federal Court, discovery is mandatory and broad. As the plaintiff, you usually need access to a fair amount of information from your employer to prove a discrimination or harassment claim.
​Learn more about your options with an MCAD complaint by visiting us at removing an MCAD complaint.