Anyone may file a discrimination complaint if they feel they have been treated differently or unfairly at work, in housing, in a public place, or when applying for admission to an educational institution based on their membership in a protected class, such as race, color, national origin, ancestry, religion, disability, sex, age, sexual orientation, familial status, veteran status, criminal record, and gender identity/expression.
For more information, please reference the MCAD Rules of Procedure 804 CMR 1.00 (2020).
File a Complaint of Discrimination
There are currently a few ways to file a complaint at the MCAD. Legal representation is not required to file and there is no cost to file a complaint. Use our questionnaire to determine the different ways to file with the Commission.
Complaint Authorization & Serving of the Complaint
When a complaint is filed, it may require additional review to determine if the MCAD has jurisdiction over the claims in the complaint. Once the complaint is authorized, formal investigation of the case begins by first serving the official MCAD complaint on both the complainant (individual who filed the complaint) and the respondent(s) (individual and/or organization alleged to have discriminated against the complainant) parties.
An MCAD Investigator is assigned to the case to gather information throughout the investigative process by interviewing witnesses, obtaining relevant documentation, conducting site visits, and additional methods as necessary.
Position Statement & Rebuttal
Once the complaint is mailed to the respondent(s), they then have an opportunity to reply to the statements in the complaint by submitting a position statement in writing. The position statement is sent to the MCAD and to the complainant.
After receiving the position statement, the complainant has the option to submit a written rebuttal to the statements made in the position statement.
Investigative Conference
Sometimes, the assigned MCAD Investigator will hold a virtual meeting with both parties to ask questions and gather additional information. Investigative conferences typically last 15-20 minutes and are not a formal hearing.
Early Mediation
Early Mediation is a voluntary service offered by the MCAD’s Alternative Dispute Resolution (ADR) Unit to resolve disputes and reach settlements for the MCAD case ahead of a determination. If the case reaches a settlement in early mediation, the case is closed at the MCAD and does not proceed further. Learn more about mediation and the MCAD's ADR services.
Determination & Investigative Disposition
After thorough investigation, the Investigating Commissioner assigned to the case will make a determination that is sent to the parties in writing as an investigative disposition. The investigative disposition explains the legal reasoning as to whether there is enough evidence to support that it is more likely than not that unlawful discrimination has occurred. An investigative disposition will have one of three determinations:
- Probable Cause (PC): This means that the MCAD has found sufficient evidence to support a preliminary conclusion that unlawful discrimination may have occurred.
- Lack of Probable Cause (LOPC): This means that the MCAD has not found sufficient evidence to support a preliminary conclusion that unlawful discrimination may have occurred.
- Lack of Jurisdiction (LOJ): This means that the MCAD has found that it does not have legal authority over the allegations of discrimination.
Appealing a Determination
If the Investigating Commissioner made a determination of lack of probable cause or lack of jurisdiction, the complainant has the right to appeal the determination within 10 days of receiving the investigative disposition. The Investigating Commissioner, or their designee, will hold a “preliminary hearing" where the complainant has an opportunity to explain why they believe the determination was incorrect. Based on the results of the preliminary hearing, the Investigating Commissioner may:
- Send the case back to the MCAD Investigations Unit for further investigation;
- Reverse the finding by issuing a probable cause determination; or
- Uphold the original determination. If the determination is upheld, the case is closed and does not proceed further at the MCAD.
If the Investigating Commissioner made a determination of probable cause, the respondent has the right to file a motion for reconsideration with the MCAD Clerk's Office and the MCAD Office of the General Counsel. In most cases, the respondent(s) can make a motion for reconsideration of a probable cause determination at any time before the case is certified to public hearing.
Conciliation
Conciliation is mandatory and is offered after a probable cause determination has been made by the Investigating Commissioner. As required by the MCAD's governing statute, M.G.L. c. 151B, all parties and counsel are required to attend the conciliation. If a complainant does not have private counsel, the Commission will assign MCAD Commission Counsel to the case. In conciliation, an MCAD Mediator attempts to achieve a just resolution of the case and to obtain assurances that the respondent(s) will satisfactorily remedy any violations of the rights of the complainant, and take action to assure the elimination of discriminatory practices—or the prevention of their occurrence—in the future.
If the case reaches a settlement in conciliation, the case is closed at the MCAD and does not proceed further. Learn more about conciliation and the MCAD's ADR services.
Discovery & Certification of Issues
When a case does not settle in conciliation, the parties are given an opportunity to conduct discovery, pursuant to 804 CMR 1.10 (2020). The parties will receive a discovery order from the Commission that sets a timeframe for them to gather even more information on the case before the case is certified for a public hearing. Permitted discovery may include, but is not limited to, interrogatories to parties, requests for production of documents, papers, or other tangible things, depositions, subpoenas, and site visits.
Then, the Investigating Commissioner will determine if there is enough public interest to certify the case to public hearing. The Investigating Commissioner may issue the certification order sua sponte (taking the action by the Commission’s own accord) or after holding a certification conference. Notification of the certification conference scheduling will be served to both parties and counsel, along with a request for written submissions ahead of the certification conference. At the conference, the Investigating Commissioner will consider which issues, matters, and questions of law will be certified to bring to public hearing. The Investigating Commissioner also addresses matters that may lead to a denial of certification and/or a reversal of the case’s probable cause preliminary determination during the conference. For more information on the certification of issues to public hearing, please reference 804 CMR 1.11 (2020).
Pre-Public Hearing
The pre-public hearing stage is the period after a case has been certified to public hearing, but before the public hearing takes place. This stage has various purposes including ensuring that certified cases make timely progress towards a public hearing and narrowing disputes so that the parties can focus on the key issues in dispute at the public hearing. Typical events in the pre-hearing stage include a status conference, filing of a joint pre-hearing memorandum, and one or more pre-hearing conferences.
At a status conference, the following issues are typically addressed:
- Who are the parties?
- What issues were certified to public hearing?
- Have the parties discussed settlement?
- Is discovery complete?
- Are there pending motions?
- Do the parties anticipate filing any motions before public hearing?
- What type of relief is Complainant seeking at the public hearing?
- How many days will the public hearing last?
- Is an interpreter necessary for the public hearing?
A pre-hearing order typically requires that counsel confer with each other and file a joint pre-hearing memorandum that shall contain:
- The contact information for counsel and for the parties.
- What each party expects the evidence to show at the hearing as to liability and damages.
- Stipulations (agreements) that the parties have reached.
- Name and nature of testimony for non-expert witnesses.
- For proposed expert witnesses: subject matter of testimony, substance of facts and opinions, summary of grounds for each opinion, and the expert’s curriculum vitae.
- A description of the relief that complainant seeks at the hearing.
- Whether a party is requesting certain witnesses be sequestered at hearing (meaning they cannot hear opening statements or testimony of other witnesses until after testifying themselves).
- Motions (and associated material such as opposition) that may be addressed before hearing.
- Whether an interpreter is needed at the hearing.
- Whether a stenographer will be present at the hearing.
- An estimate of the length of the hearing.
- Requirements for filing proposed hearing exhibits including redaction requirements.
The issues addressed at the pre-hearing conference(s) are varied and may include as examples:
- What documents do the parties agree should be admitted as exhibits at the hearing?
- What documents do the parties disagree as to whether they should become exhibits?
- Addressing outstanding motions.
- Addressing whether parties can narrow the number of disputes.
- Refinement of the number of days necessary for the hearing.
- Refinement of the number of witnesses at the hearing.
- Questions that counsel or parties have regarding the hearing.
Public Hearing
The MCAD holds public hearings pursuant to M.G.L. c. 151B, § 5, M.G.L. c. 30A, and 804 CMR 1.12 (2020) conducted by an MCAD Hearing Commissioner or MCAD Hearing Officer (presiding officer). The parties make opening statements regarding what they believe the evidence will show. Parties have the right to call and examine witnesses under oath, to introduce exhibits, to cross-examine witnesses, and to submit rebuttal evidence. The presiding officer rules on objections and determines what testimony is admissible and what documents are admitted into evidence as exhibits. The presiding officer is not bound by the rules of evidence observed by courts but is bound by the rules of privilege (for example: the attorney-client privilege). Only information admitted into evidence at the public hearing can be considered by the presiding officer when rendering a hearing decision.
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| Last updated: | February 26, 2025 |
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