The Statute of Limitations for filing a Complaint at the MCAD under M.G.L. c.151B requires a Complaint of Discrimination to be filed at the MCAD within the 300 days from the last discriminatory act.
The complaining party must file a Complaint of Discrimination with the MCAD within 300 days of the action claimed to be illegal. If a complaining party fails to file a Complaint within the 300-day statute of limitations, it may result in the Complainant's loss of the ability to sue for discrimination.
Exceptions to the Filing Deadline
The 300-day deadline to file may be extended based on some exceptions. These exceptions are decided on a case-by-case basis by the Investigating Commissioner. Three examples are below.
Collective Bargaining Agreement
If an employee is pursuing a contractual grievance procedure, through a collective bargaining agreement, their complaint may be deemed timely if filed within 300 days of the resolution of that procedure.
Notice or Awareness of Discriminatory Act
If, after their termination, the employee discovers information about their termination that, for the first time, leads them to reasonably conclude that the termination was an act of discrimination, the employee may be able to timely file a Complaint of Discrimination within 300 days of the discovery of that information.
If the Complainant is not competent to file a Complaint of Discrimination within 300 days, for reasons relating to age, health, or other good cause stated, they may be permitted to file beyond the 300 days.