Massachusetts workplace harassment timeline at a glance

Key filing deadlines and what they mean

Harassment at work is illegal in Massachusetts, but your rights depend on strict timelines. Missing a date can end a strong case.

Most claims must start at the Massachusetts Commission Against Discrimination (MCAD). Federal claims often run on a parallel track with the EEOC.

  • 300 days: File an MCAD charge within 300 days of the last harassing or retaliatory act.
  • Continuing violation: For hostile environment claims, the 300 days can run from the most recent related incident.
  • After 90 days at MCAD: You may request to withdraw and sue in Massachusetts court.
  • 3 years: State discrimination/harassment lawsuits generally must be filed within 3 years; the clock is tolled while your MCAD case is pending.
  • EEOC: Dual filing is common; you have 90 days to file in federal court after an EEOC Right-to-Sue letter.
  • Internal complaints do not pause these deadlines.

Who is covered and what qualifies

Protected status and conduct that matter in Massachusetts

Massachusetts law (M.G.L. c. 151B) covers most employers with 6 or more employees and protects employees and job applicants from harassment.

Harassment includes unwelcome conduct based on a protected trait that creates a hostile work environment or involves quid pro quo demands.

  • Protected traits include sex, gender identity, sexual orientation, race, color, national origin, religion, disability, age, and pregnancy.
  • Both supervisors and coworkers can be harassers. Supervisor conduct can increase employer liability.
  • Key facts for timing: exact dates, frequency, the most recent incident, who knew, and how the employer responded.

How the Massachusetts process works

From MCAD intake to resolution

You can file an MCAD complaint online, by mail, or in person. MCAD typically asks the employer for a written position statement within about 21–30 days.

Investigations can take months. If MCAD finds probable cause, the case moves to conciliation and possibly a public hearing. You may choose to go to court after 90 days from filing, subject to deadlines.

  • File MCAD within 300 days of the last incident.
  • Employer response usually due in about 21–30 days.
  • MCAD fact-finding and interviews occur during the investigation phase.
  • After 90 days from filing, you can request to pursue your claim in Massachusetts court.
  • If you proceed federally, you have 90 days to sue after an EEOC Right-to-Sue letter.

What to do now: step-by-step

Protect your claim and meet deadlines

Act quickly and organize your proof. Timelines are strict, and early steps can make or break a case.

  • Use personal, not work, devices/accounts to store evidence.
  • Consider speaking with an employment attorney early to map deadlines.
  1. Write a dated timeline of incidents, including locations, witnesses, and any documents or messages.
  2. Report the harassment through your employer’s policy promptly; keep copies of what you submit and any responses.
  3. Preserve evidence: emails, texts, chats, voicemails, photos, schedules, performance reviews, and pay records.
  4. File with MCAD before day 300; request dual filing with the EEOC if you may bring federal claims.
  5. Calendar key dates: 90 days after MCAD filing to request a court option; 90 days after any EEOC Right-to-Sue; the 3-year Massachusetts lawsuit limit (tolled while at MCAD).
  6. Document retaliation immediately and add new incidents to MCAD if they occur.
  7. Seek medical or counseling help if needed and save records and receipts.

Common timing mistakes to avoid

Small missteps can cost you your claim. Avoid these traps.

  • Waiting past 300 days to file with MCAD.
  • Assuming an HR complaint or union grievance stops legal deadlines—it does not.
  • Deleting texts or using only work email/phones, which the employer controls.
  • Missing the 90-day window to file in federal court after an EEOC Right-to-Sue letter.
  • Filing a state lawsuit before first filing at MCAD (required for most employment discrimination/harassment claims).
  • Ignoring new incidents; update your MCAD charge to capture the latest conduct.

What to gather before requesting help

Save time and strengthen your case

Preparation helps your lawyer assess deadlines and value quickly.

  • Company harassment policy and employee handbook.
  • Your incident timeline with dates, names, and witnesses.
  • Copies of any internal complaints and responses.
  • Performance reviews, discipline notices, schedules, and pay records.
  • Relevant emails, texts, chat logs, voicemails, and social media messages.
  • Medical, counseling, or EAP records related to the harm.
  • Evidence of losses: missed work, job search records, out-of-pocket costs.
  • If unionized: the CBA and any grievance filings.
  • Employer headcount (helps confirm coverage under M.G.L. c. 151B).