Superior Court says MCAD Not Required for Public Accommodations Cases

July 14, 2021
Massachusetts Superior Court

In Peters v. Boston Properties Inc., et al., the Massachusetts Superior Court held that individuals alleging discrimination in places of public accommodation are not required to file a charge with the Massachusetts Commission Against Discrimination (MCAD) before commencing a civil suit. This decision is from the state’s lowest court, and should a higher court weigh in on the issue, they may or may not agree. The case involved an incident where an African American woman visiting an upscale shopping center was tackled and restrained by a group of security officers. The defendants moved to dismiss the claims against them because they were not named as parties in the initial MCAD charge. Through a close reading of the relevant statutes, the Judge determined that the MCAD administrative process was not the exclusive remedy for discrimination in public accommodations, and thus, the MCAD charge was not required. Therefore, the plaintiff was able to proceed against defendants who were not named in the MCAD charge.


Massachusetts’ non-discrimination laws provide that filing a charge with the MCAD is the exclusive remedy for certain discriminatory acts, including discrimination in employment, lending, and housing. For cases involving these types of discrimination, a plaintiff must first file a charge with the MCAD before receiving a private right to sue. Filing a charge with the MCAD gives an opportunity for the commission to investigate and conciliate the plaintiff’s claim, and serves to notify the defendant.


An individual alleging discrimination in a place of public accommodation may have the option to either file a charge with the MCAD or file suit in Superior Court. Some plaintiffs may still choose to proceed before the MCAD as it may be a less complicated, less time-consuming, or less expensive process than filing suit in court.


In addition, the Superior Court Judge found that the plaintiff could proceed against the defendants who were not named in the MCAD charge even if the MCAD charge were required, because those defendants had notice and an opportunity to conciliate. Two of the unnamed defendants were corporate entities who, together with Boston Properties Inc., owned and operated the building where the incident occurred. The three corporate entities had a close business relationship and were represented by the same counsel. The other unnamed defendants were the security officers, though a video of their conduct during the incident was included with the MCAD charge. The judge concluded that the officers’ employer, who was named in the MCAD charge, could have discovered the officers’ identities either from viewing the video or from an internal investigation into the complaint. The judge found that all these factors were enough to avoid the dismissal of the charges against the defendants who were not named in the MCAD charge.


For any questions or concerns about this matter, or any other labor and employment matters, please contact the attorneys at The Royal Law Firm at (413) 586-2288.

Massachusetts Wage Act: Not Even a Single Day Delay

April 18, 2025
Employee's Wage Act Claim Case Overview : In Turgut v. Hitachi Rail STS USA, Inc., Plaintiff filed a putative class action against a company, Defendant, alleging violation of the Wage Act by not paying wages within six days of the pay period's end. Defendant argued that its employees fell under the exception that allowed seven days for payment; however that exception only applies to hourly workers that work all seven days of a work week. The plaintiff is looking to represent a class of employees that received W-2 wages in what he alleges was in an untimely manner. The case was originally filed in state court on February 20, 2025 but was moved to federal court. Reason for Treble Damages: Under Rueter v. City of Methuen, the seminal case regarding the Massachusetts Wage Act (“Wage Act”), the proper measure of damages under the Wage Act is treble damages. Previously employees were only entitled to interest on the unpaid wages if the company paid before proceedings started. It kept noncompliance from being as costly as it is now. Currently any violation can be subjected to treble damages for the total amount of the alleged late payment. It’s expected that we will see more cases pick up by attorneys because the treble damages make it worthwhile for their clients as well as themselves, given this recent ruling. Judge's Ruling : The Judge ruled that the six-day deadline applies. The Judge stated that while the complaint didn’t make it clear if plaintiff is hourly or salary, plaintiff only worked five days a week, meaning that the seven-day exception did not apply as the Wage Act was written. Legal Implications Legislative History : The Wage Act provides different deadlines for an employee’s final pay based on the number of days worked in a week. This case also emphasizes that having salaried workers on staff does not fulfill the requirement of having employees work seven days a week. Significance of One Day : The judge emphasized that even a single day's delay in payment can significantly impact employees living paycheck to paycheck. What Employers need to know Make sure you’re aware of your employees’ pay cycle and make compliance a company priority. It’s more cost effective to pay a day or two earlier than it is to head to court over claims of violations. This ruling expands on the Reuter ruling by clarifying the Wage Act rules in relation to hourly employees. If an hourly employee resigns, ensure that automatic payment systems (as well as the employer’s own internal pay systems) are aligned with the requirements of this ruling. If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.

Royal was Proud to Sponsor the 2025 BusinessWest Difference Makers Event!

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Though the Difference Makers event has come to a close, let's continue to shine a light on the transformative power of giving back to our community! Every year, The Royal Law Firm is humbled to be a part of this incredible event that spotlights the brightest stars in our community. We can't wait to celebrate the 2026 Difference Makers and the boundless impact they'll have!