Section 5

Citation: Section 5
Parent Document: Murray v. Zullo, 20 Mass. L. Rptr. 293 (2005)
Jurisdiction: Massachusetts (state)
Effective Date: 2005-12-20
Original Source: https://www.courtlistener.com/opinion/8356005/murray-v-zullo/ ↗

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Section 5 of the Chapter 15 IB states that complaints alleging violations of that statute must first be filed with the MCAD “within six months after the alleged act of discrimination.” Section 9 permits the filing of a civil action only if the plaintiff “has previously filed a timely complaint with the [MCAD] and ninety days have passed (or a commissioner has assented to an earlier filing).” Christo v. Edward G. Boyle Ins. Agency, Inc., 402 Mass. 815, 816 (1988). In the absence of a timely complaint to the MCAD, there may be no resort to the courts. Charland v. Muzi Motors, 417 Mass. 580, 586 (1994). Where a plaintiff fails to adhere to the statutoiy prerequisites, dismissal of her claim is appropriate. Cherella v. Phoenix Technologies Ltd., 32 Mass.App.Ct. 919 (1992). CONCLUSION AND ORDER

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