Legal Question in Disability Law in Massachusetts

is there a statute of limitation for claims under the federal ADA (Disability) law?


Asked on 10/09/09, 3:30 pm

1 Answer from Attorneys

Sue-Ellen Kresh Law Office of Sue-Ellen Kresh

Hi,

In brief, I would say that it depends on exactly what you are alleging. Generally, however, in Massachusetts, complaints alleging discrimination on the basis of a disability, if that is what you are alleging, must be filed with the Massachusetts Commission Against Discrimination (MCAD) or the EEOC (Equal Employment Opportunity Commission), which cross-file with each other (meaning when you file with one, you have technically filed with both) prior to filing in court. The statute of limitations for filing with the MCAD is 300 days from the incident of discrimination, barring exceptions which may "toll" the statute or stop it from running out. (Filing with the EEOC, however, may be 180 days instead of 300. The sol for MCAD used to be 180 days but was increased to 300).

I'm not sure if this answers your question, but I hope it helps. Good luck with your situation, whatever the specifics, and take care.

Sincerely,

Sue-Ellen Kresh

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Answered on 10/14/09, 7:18 pm


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