Answering A Complaint of Discrimination

If you have been served with an MCAD Complaint, you must reply to the allegations in the form of a written "Position Statement" that must be filed with the MCAD and served on the Complainant.

Position Statements must contain a full and complete description of your position regarding all of the allegations in the Complaint and include any and all defenses which you wish to raise regarding the Complaint. The Position Statement must be signed by the employer, business agent, landlord, or attorney representing you as well as signed by someone with knowledge of the matters attested to in the Position Statement.

Position Statements

Position Statements must be written in accordance to the MCAD Procedural Regulations 804 CMR 1.00.

Answers should contain a full and complete description of your position regarding all of the allegations in the Complaint and include any and all defenses which you wish to raise regarding the Complaint.

The Position Statement must be signed by the employer, business agent, landlord, or attorney representing you as well as signed by someone with knowledge of the matters attested to in the Position Statement.

Where to File

You must file the Position Statement with the MCAD and serve the Position Statement on the Complainant and the Complainant's attorney if applicable.

Electronic Position Statement Filing

We now accept electronic filing of Position Statements from respondents who are represented by counsel. Your attorney may submit your position statement via email to the appropriate address below. You must include the docket number in the email subject and file name of the PDF.

Boston cases: bospositionstmts@state.ma.us

Springfield cases: sprpositionstmts@state.ma.us

Worcester cases: worpositionstmts@state.ma.us

New Bedford cases: bospositionstmts@state.ma.us

If you need technical assistance, please contact James Brislin, Esq. at james.brislin@state.ma.us.

Next Steps

Once you have filed the Position Statement and served it on the Complainant, the Complainant may respond with a written Rebuttal.

Next, the MCAD will conduct its investigation. This includes gathering additional information by interviewing witnesses, obtaining relevant documents, making visits to the place of employment or apartment, or other appropriate on-site visits, and may include an Investigative Conference. This investigation may take up to 18-22 months.

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