Law Increases Limitations Period for Filing MCAD Claims
September 2002
Lawmakers in Massachusetts recently extended the limitations period for filing workplace discrimination and harassment claims with the Massachusetts Commission Against Discrimination (MCAD) from six months to 300 days. The new law brings the state provision in sync with the statute of limitations for the same claims under Title VII of the Civil Rights Act of 1964.
Aside from the obvious impact of opening the door to increased discrimination claims, the new law could have tremendous impact on Massachusetts employers in several different spheres. An extended limitations period will have the practical effect of expanding employers’ document and evidence retention policies and practices in preparation for defending claims farther out from the date of the alleged incidents. In particular, the new law emphasizes for employers that key documents related to potential discrimination claims should be maintained for at least one year. Employers should be prepared to track potentially key witnesses that leave employment during that same period.
The lawmakers intended the lengthened limitations period for filing to promote settlement opportunities and facilitate resolution of situations before an employee would be required by law to file a formal claim. This expanded period should also enable employers to engage in more thorough investigations of alleged discrimination or harassment and possibly reach settlements before the filing deadline. At the very least, the newfound consistency between the state and federal statutes will help to avoid confusion.
