Removing a Discrimination Claim from MCAD to Massachusetts Superior Court
After a mandatory 90-day waiting period at the MCAD, plaintiffs can withdraw their discrimination claim and file a civil lawsuit in Massachusetts Superior Court. Moving to state court allows for a jury trial, broader discovery, and the potential for uncapped punitive damages against the employer.
Under Massachusetts law, you cannot immediately sue your employer for discrimination in state court. You must first file your claim with the Massachusetts Commission Against Discrimination (MCAD) to "exhaust your administrative remedies." However, you are not trapped at the MCAD forever. Under Mass. Gen. Laws ch. 151B, § 9, once a claim has been pending at the MCAD for 90 days, a complainant has the absolute right to remove the case from the agency and file a civil lawsuit in a Massachusetts Superior Court.
Deciding whether to stay at the MCAD or remove the case to a court in Boston, Worcester, or Springfield is a massive strategic decision. Some plaintiffs prefer the streamlined administrative process, while others want a jury of their peers and the threat of massive financial verdicts to leverage a better settlement. Retaining a seasoned employment litigator from our directory is critical to evaluating whether removing your case to court is the right tactical maneuver.
MCAD Public Hearings vs. Superior Court Jury Trials
If you remain at the MCAD, your case will eventually culminate in a Public Hearing. This is a "bench trial" overseen by an MCAD Hearing Officer, not a jury. Hearing Officers are employment law experts, which means they are less likely to be swayed by emotional appeals and will focus strictly on the technical merits of the discrimination law.
By contrast, removing your case to a venue like the Suffolk County Superior Court, Boston or the Hampden County Superior Court, Springfield allows you to demand a jury trial. For plaintiffs, a jury is often highly desirable. Juries are composed of everyday people who may naturally sympathize with an employee who was wronged by a large, faceless corporation. A jury is generally more likely to award substantial emotional distress and punitive damages than a conservative administrative officer.
Differences in Damage Awards: Uncapped Punitive Damages
While both the MCAD and the Superior Court can award back pay, front pay, and emotional distress damages, the power of a Superior Court jury is unparalleled when it comes to punishing an employer. If you prove that your employer acted with malicious or reckless disregard for your civil rights, a jury can award punitive damages.
Crucially, in Massachusetts, punitive damages under Chapter 151B are entirely uncapped. In the landmark case Haddad v. Wal-Mart Stores, Inc., 455 Mass. 91 (MA Supreme Judicial Court 2009), the Massachusetts Supreme Judicial Court upheld a massive punitive damage award, reinforcing that a jury has wide latitude to punish employers severely to deter future discrimination. The threat of facing uncapped punitive damages in front of a jury is often the primary reason plaintiffs choose to remove their cases, as it forces employers to the settlement table.
The Discovery Process
Another major difference is the 'discovery' phase-the legal process where both sides exchange evidence before the trial. At the MCAD, discovery is somewhat limited and moves at the pace of the agency's heavily backlogged investigators.
When you file in Superior Court, the discovery process is governed by the Massachusetts Rules of Civil Procedure. Your attorney has immense power to subpoena internal corporate emails, demand thousands of pages of HR records, and force the company's executives to sit for aggressive, hours-long depositions under oath. This intensive discovery can unearth the "smoking gun" evidence needed to prove the employer's discriminatory intent.
Costs of Filing in Superior Court
While the MCAD is free, the Superior Court system is not:
- Filing Fees: Filing a civil complaint in a Massachusetts Superior Court costs a total of $275 under Mass. Gen. Laws ch. 262, § 4A and Mass. Gen. Laws ch. 262, § 4C (consisting of a $240 entry fee, a $20 security fee, and a $15 surcharge).
- Litigation Expenses: Superior Court discovery is extremely expensive. Taking multiple depositions requires hiring court reporters, which can cost $500 to $1,500 per day. While attorneys working on contingency will advance these costs, they will be deducted from your final settlement.
- Attorney Fee-Shifting: Just like at the MCAD, if you win your discrimination lawsuit in Superior Court, the judge will order the employer to pay your reasonable attorney's fees under Mass. Gen. Laws ch. 151B, § 9.
The Mechanics of Removal
To pull your case out of the MCAD, your attorney must file Form Complaint Withdrawal Form, Massachusetts, Massachusetts Commission Against Discrimination, Complaint Withdrawal Form pursuant to 804 CMR 1.04(12). Once this is filed and the MCAD issues an order of dismissal under 804 CMR 1.08(1)(b), the agency officially closes its file, and you have a strict deadline (generally 3 years from the date of the discriminatory act) to formally file the complaint in Superior Court.
Frequently Asked Questions (FAQ)
Do I have to wait 90 days if both sides agree to go to court?
Yes, the 90-day waiting period is a strict statutory requirement. However, in extremely rare and urgent circumstances, the MCAD Commissioner can grant an exception to allow earlier removal, though this is seldom granted.
Can I remove my case after the MCAD finds a Lack of Probable Cause?
No. If the MCAD issues a Lack of Probable Cause finding and the appeal window closes, your state discrimination claims are permanently barred. You must remove the case while it is still pending or after a Probable Cause finding.
Can I go to Federal Court instead of State Court?
Yes. If your claim was cross-filed with the EEOC and involves federal law (like Title VII or the ADA), you can request a Right to Sue letter from the EEOC and file your lawsuit in a U.S. District Court in Massachusetts.
Will my case settle faster in Superior Court?
It often does. The immense pressure, massive legal fees required for an employer to defend a Superior Court case, and the threat of an unpredictable jury often motivate corporations to settle long before the trial date arrives.
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