One of the most common misconceptions employees have about discrimination claims is that they can simply “sue” their employer in court. In Massachusetts, that is not how the law works. Before a discrimination claim can be filed in Superior Court or Federal Court, it must first be filed with the Massachusetts Commission Against Discrimination (MCAD) or the federal Equal Employment Opportunity Commission (EEOC). This requirement applies even in serious cases and even when the employee feels litigation is the only fair response.
The initial filing serves several purposes. It creates a record, triggers the employer’s obligation to respond, and preserves the employee’s rights. After ninety days, a claimant can request a Release of Jurisdiction (ROJ) from the agency. The ROJ allows the individual to withdraw the administrative charge and pursue litigation in court if that route is appropriate. Some people use this process because they are prepared to litigate; others use it as leverage to negotiate a settlement or severance without entering a protracted legal battle.
The question of whether to request an ROJ and file in court is rarely straightforward. Litigation is demanding and unpredictable. It requires financial and emotional endurance, and the outcome depends heavily on evidence, credibility, and the employer’s defenses. People often assume their claims are worth far more than the law will realistically support. Courts look for specific types of proof, and damages must be tied to documented losses rather than the depth of the person’s frustration or sense of injustice.
For many clients, pre-litigation negotiation produces better results than jumping directly into a lawsuit. Cases with disputed facts or ambiguous evidence can be resolved more efficiently through a structured conversation than through years of pleadings, discovery, and motions. Even in stronger cases, settlement terms can be tailored to address issues such as references, confidentiality, and non-disparagement—elements that litigation does not resolve automatically.
The contingency model often leads people to underestimate the amount of work involved in reaching a resolution. Negotiating a severance or resolving a discrimination claim requires understanding how a specific employer is likely to react, what its internal constraints are, and how its counsel evaluates risk. Employers differ widely in these respects. The attorney’s role is to navigate those differences, assess the client’s leverage, and pursue the most practical—and achievable—outcome within the realities of the case.
Court is sometimes necessary. When it is, the ROJ process provides the path to get there. But litigation is not the default solution for most employees. The goal is to understand the full spectrum of options and choose the one that aligns with the facts, the client’s needs, and the likely behavior of the employer. My work is to help clients make that decision with clarity rather than impulse.
Key takeaways
- Most discrimination cases must go through MCAD or the EEOC first
- A Release of Jurisdiction opens the door to court — but timing and strategy matter
- Pre-litigation negotiation often leads to more practical outcomes