Filing a Motion or Opposition to Motion 

All motions to the Investigating Commissioner or Hearing Officer for an order must be made in writing and conform to the rules set forth in Regulation 804 MCR 1.05. pdf format of 804 CMR 01.00

Motions must be submitted in writing to the branch location where the Investigating Commissioner on your case governs. Please see the Where to File a Motion, Appeal, or Withdrawal section at the bottom of the page to determine where to send motions.

Filing an Appeal

Complainants may appeal Lack of Probable Cause Determinations or hearing decisions within 10 days of receiving the notice in favor of the Respondent. See instructions below. Please see the instructions for submitting motions (above) for further guidance. 

 


Withdraw Your Case from MCAD

Ninety (90) days after you have filed a complaint at the Commission, Complainants may submit a request to withdraw their cases from the MCAD in its entirety, with prejudice, and with no right to appeal for the following reasons:

  • Filing a private right of action in civil court
  • Reaching a satisfactory settlement with the Respondent
  • Complainant no longer intends to pursue this matter at the Commission.

You can complete the printable form pdf format of MCAD Withdrawal Form
and mail it to the MCAD Office where your case is being processed. 

Filing a Private Right of Action "Remove to Court"

You may remove your case to court up until three years of the date of the last discriminatory act (i.e. termination, discipline, last act of harassment) or the Commission public hearing, whichever comes first.

In order to remove your case, you must file a written complaint in court and you must notify the Commission in writing that you have done so. The court will charge you a fee for filing your complaint. If you remove your case to court, your claim at the Commission will be dismissed and the Commission cannot assist you in your court case. 

The Commission does not advise complainants to remove, or not remove, their cases from the agency. However, you may want to consider these issues as well as consult with a lawyer to assist you in deciding the best course of action in your particular case. The Commission cannot refer you to a lawyer.


 

Where to File a Motion, Appeal, or Withdrawal

Please refer to the addresses below to find the appropriate location to send each of the items listed above. Addresses are listed according to where the complaint is filed.

Motion or Opposition to Motion

Massachusetts Commission Against Discrimination
ATTN: Clerk of the Commission
1 Ashburton Place, Suite 601
Boston, MA 02108


Appeal LOPC Determination

Massachusetts Commission Against Discrimination
ATTN: Nancy To
1 Ashburton Place, Suite 601
Boston, MA 02108


Appeal Decision

Massachusetts Commission Against Discrimination
ATTN: Clerk of the Commission
1 Ashburton Place, Suite 601
Boston, MA 02108


Withdraw

Massachusetts Commission Against Discrimination
ATTN: Clerk of the Commission
1 Ashburton Place, Suite 601
Boston, MA 02108

Motion or Opposition to Motion

Massachusetts Commission Against Discrimination
ATTN: Clerk of the Commission
436 Dwight Street, Room 220
Springfield, MA 01103


Appeal LOPC Determination

Massachusetts Commission Against Discrimination
ATTN: Patty Woods
436 Dwight Street, Room 220
Springfield, MA 01103


Appeal Decision

Massachusetts Commission Against Discrimination
ATTN: Clerk of the Commission 
436 Dwight Street, Room 220
Springfield, MA 01103


Withdraw

Massachusetts Commission Against Discrimination
ATTN: Clerk of the Commission
436 Dwight Street, Room 220
Springfield, MA 01103

Motion or Opposition to Motion

Massachusetts Commission Against Discrimination
ATTN: Clerk of the Commission
484 Main Street, Room 320
Worcester, MA 01608


Appeal LOPC Determination

Massachusetts Commission Against Discrimination
ATTN: Patty Woods
436 Dwight Street, Room 220
Springfield, MA 01103


Appeal Decision

Massachusetts Commission Against Discrimination
ATTN: Clerk of the Commission 
484 Main Street, Room 320
Worcester, MA 01608
 


Withdraw

Massachusetts Commission Against Discrimination
ATTN: Clerk of the Commission
484 Main Street, Room 320
Worcester, MA 01608

Motion or Opposition to Motion

Massachusetts Commission Against Discrimination
ATTN: Clerk of the Commission
1 Ashburton Place, Suite 601
Boston, MA 02108


Appeal LOPC Determination

Massachusetts Commission Against Discrimination
ATTN: Nancy To
1 Ashburton Place, Suite 601
Boston, MA 02108


Appeal Decision

Massachusetts Commission Against Discrimination
ATTN: Clerk of the Commission
1 Ashburton Place, Suite 601
Boston, MA 02108


Withdraw

Massachusetts Commission Against Discrimination
ATTN: Clerk of the Commission
1 Ashburton Place, Suite 601
Boston, MA 02108