File a Motion to Amend, Appeal, Remove, or Withdraw a Discrimination Complaint

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 and conform to the rules set forth in the MCAD Procedural Regulations. Motions must be submitted to the branch location where the Investigating Commissioner on your case governs.

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

Complainants may file a motion to appeal a Lack of Probable Cause Determination or Hearing Decision within 10 days of receiving the notice in favor of the Respondent.

Withdraw Your Case from MCAD

Ninety days after you have filed a Complaint at the Commission, you may submit a request to withdraw your case from the MCAD. 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 Complaint 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 Complaint to Court

Removing Your Complaint 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, or the Commission public hearing, whichever comes first.

In order to remove your case, you must first file a written complaint in court and then 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. We cannot assist you in your court case.

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