All complaints of discrimination must be filed within six months of the occurrence of the last act of discrimination.

At the intake meeting, you should be able to provide the Commission investigator with the following information:

• Names, work addresses, and work phone numbers of the alleged perpetrators?
• Your name, work and home addresses, and work and home phone numbers.
• A concise chronology of discriminatory incidents that you believe occurred against you with approximate dates, if remembered.
• A list of names and phone numbers of witnesses, if known.
• If you have documents relevant to your complaint, be sure to keep them in a safe place, as you will be asked to submit them during the investigation.

Yes, if "public interest" requires the use of a pseudonym. Factors used by the Commission in determining whether public interest would be served by allowing the complainant to proceed under a pseudonym are:

• The potential physical danger to the complainant if his or her identity is disclosed to the respondent and/or its agent, and
• The privacy interests of the complainant.

No, a minor must file a complaint through his or her guardian, or wait until he or she reaches age 18 to file. The statute of limitations will be tolled for minors who wait until the age of majority to file.

You are not required to have an attorney to file a complaint or represent you in any proceeding before the Commission, although you may retain one at your own expense at any time. During the investigation of your complaint, the Commission acts as an impartial entity in gathering evidence and determining the merit of the complaint. Upon the completion of the investigation, if the Commission determined that there is sufficient evidence of discrimination to warrant a public hearing, a Commission attorney will be provided to represent you at the hearing at no cost.

The investigation of a complaint involves many steps, including:

1. A face-to-face Fact-Finding and Mediation conference, conducted by the investigator, where the parties attempt to amiably resolve the complaint and/or submit testimonial and documentary evidence in support of their respective positions.
2. The investigator gathers testimony or interviews witnesses identified by the parties as having relevant knowledge of the situation in question.
3. After reviewing and analyzing information and evidence relevant to the complaint, the investigator makes an appropriate recommendation regarding the merit of the complaint to the Executive Director.

The investigation phase of your complaint may result in:

1. An agreement between both sides, reached with the help of the investigator or the Executive Director.
2. A final determination made by the Executive Director regarding the merit of the complaint.
Final determination is when the Executive Director determines if there is "Probable Cause" or "Lack of Probable Cause" that discrimination, as defined by law, actually occurred.
3. If the final determination is "Lack of Probable Cause," the case will be dismissed. You should contact the Commission immediately if you wish to appeal such dismissal.
4. If "Probable Cause" was issued, a public hearing will be held at a later date. You should contact the Commission to find out whether the hearing will be held at the Commission or the State Agency, the Massachusetts Commission Against Discrimination (MCAD). A public hearing is a full legal hearing comparable to a court trial. At the hearing, parties will have opportunities to present evidence and argue their case. The results of the hearing are legally binding. If the hearing was held at the Commission, the parties that disagreed with the hearing results may appeal them to the Superior Court. If the hearing was held at the MCAD, contact the MCAD regarding appellate procedures.

Very often, complaints filed with the Commission result in mutually-agreeable settlements even before an investigation is completed. Investigations can also result in "compensable remedies" for injuries sustained from an act of discrimination.

The investigative process is a neutral, impartial process where the rights of all parties are protected. The investigator does not advocate for any party. Complainants and Respondents alike have the right to be taken seriously, to be treated with respect, and to have their issues thoroughly considered. If you do not feel these rights are being respected, you should contact the Executive Director immediately.

Reprisal against Complainants or witnesses in a civil rights investigation is also a civil rights violation. Complaint alleging reprisal is considered on its own merit, whether or not the original complaint is upheld.