File a Motion to Amend, Appeal, Remove, or Withdraw an MCAD Case

You may file a motion for many different reasons at the MCAD.

This page contains instructions how to file a motion and what types of motions the MCAD will consider.

Overview

Motions must be made in writing using the MCAD's official withdrawal forms and conform to the rules set forth in the MCAD Procedural Regulations.

Amend Your Complaint

You may request to add information to your complaint (such as additional Respondents or more bases for discrimination) by submitting a motion.

Appeal a Determination or Decision

Complainants may file an appeal for a Lack of Probable Cause determination or following a Hearing Decision within 10 days of receiving the notice in favor of the Respondent.

Withdraw Your Case from MCAD

Parties or their counsel may submit a written request to withdraw an MCAD case within 90 days of filing a complaint at the Commission. The MCAD's official withdrawal forms (MCAD Non-Housing Case Withdrawal Form or MCAD Housing Case Withdrawal Form) are the only written forms accepted, no other means of written withdrawal will be approved. This request cannot be reversed, this matter cannot be brought back to the MCAD, and there is no right to an appeal at the MCAD if the case is removed.

You may withdraw your case for the following reasons:

• You reached a satisfactory settlement with the Respondent(s)
• You no longer intend to pursue this matter at the Commission
• You want to remove your case to court

Removing Your Case to Court

You may remove your case and file a "private right of action" in court up to three years from the date of the last discriminatory act, for example, termination, discipline, or harassment.

In order to remove your case, you must file a written complaint in court and notify the Commission in writing that you have done so.

If you remove your case to court, your case at the MCAD will be dismissed and we will stop investigating your case. The MCAD cannot assist you in your court case.