How to Fill Out and Submit the MCAD Complaint Withdrawal Form

To withdraw a discrimination case from the Massachusetts Commission Against Discrimination, you need to complete the agency’s official MCAD complaint withdrawal form, sign it, and submit it to the office handling your investigation. The commission accepts only its own forms for this purpose: a letter or email asking to withdraw will not be approved as a substitute.¹

Which Form You Need

The MCAD publishes two withdrawal forms on its motions page at mass.gov. Pick the one that matches your complaint:

The Non-Housing Case Withdrawal Form covers employment discrimination, public accommodations, and other non-housing complaints filed under M.G.L. c. 151B.
The Housing Case Withdrawal Form (HUD) covers residential housing discrimination.

There is no separate “Notice of Withdrawal for Court” form. If you are withdrawing to move your case into court, use the same form and mark court removal as your reason.¹

If you reached a settlement through the MCAD’s alternative dispute resolution process, submit the withdrawal form together with a fully executed copy of the settlement agreement. Without the signed agreement, the case will not close.²

What to Put on the Form

Pull a few things together before you start:

Your MCAD docket number, which appears at the top of any official correspondence from the commission. This is the identifier that ties your withdrawal to the right file.
The complainant and respondent names exactly as they appear on your original complaint.
Your reason for withdrawing. The MCAD recognizes three: you reached a satisfactory settlement, you no longer intend to pursue the matter at the commission, or you want to remove the case to court.¹

The complainant or the complainant’s attorney must sign and date the form. Unsigned forms are not accepted. If an attorney signs, that attorney must already have entered a formal appearance in the case; an attorney who has not entered an appearance cannot file the withdrawal for you.²

The 90-Day Rule

How much control you have over the withdrawal turns on when you file it. Under 804 CMR 1.04(12), a withdrawal submitted within the first 90 days after you filed your original complaint requires written approval from the Investigating Commissioner, who may grant or deny it based on the public interest. After 90 days, you can withdraw as of right for any reason, including removal to court, by giving written notice to the commission.³

In practice, straightforward settlements rarely get blocked during the first 90 days, but the commissioner has the authority to deny the request, and that can add time to your timeline.

Where to Submit It

Send the completed form to the MCAD office handling your investigation:

Boston (Headquarters): 1 Ashburton Place, Suite 601, Boston, MA 02108
Springfield: 436 Dwight Street, Room 220, Springfield, MA 01103
Worcester: 18 Chestnut Street, Room 520, Worcester, MA 01608⁴

You can hand-deliver or mail the form. If you mail it, use certified mail so you have a dated receipt. As of early 2026, the MCAD’s online portal for case management and filing is described by the agency as “coming soon” and has not launched.⁴

If your case has already passed the probable-cause stage, the submission route changes. Post-probable-cause withdrawal forms are emailed directly to the Clerk of the Commission rather than sent to the regional office.²

Keep a dated copy of everything you submit. If you mailed the form, hold onto the certified-mail receipt. If you emailed a post-probable-cause withdrawal, save the sent message with its timestamp. These are your proof of compliance if any question comes up about timing.

If You Settled in ADR

Non-housing cases that settled through ADR have a hard deadline for returning the withdrawal form: 60 days after the ADR proceeding, delivered to the ADR attorney. Miss that window and the MCAD may administratively close the case, refer it back to the investigator, or issue a discovery order.²

If You Are Withdrawing to Sue in Court

Withdrawing to pursue a civil action is the most consequential version of this process, and the sequence matters. M.G.L. c. 151B, § 9 gives you the right to bring a civil action in Superior Court or Probate Court (or Housing Court for residential housing claims) starting 90 days after you filed your MCAD complaint, or sooner if a commissioner consents in writing. The outside deadline is three years from the date of the last discriminatory act, not three years from your MCAD filing date. Miss that window and you lose the right to sue.⁵

You must first file your written complaint in court, then notify the MCAD in writing that you have done so.¹ 804 CMR 1.04(13) also requires you to promptly provide the MCAD’s General Counsel with a copy of the complaint you filed in court.³ If you file in court without formally withdrawing first, the commission can treat your complaint as automatically withdrawn as of the court filing date.

On removal to court, the MCAD dismisses your complaint without prejudice under § 9, so the dismissal itself does not bar your lawsuit. You are, however, permanently barred from bringing the same matter back to the MCAD. If the court case later collapses, there is no path back to the administrative process on the same allegations.⁵

What Happens After You File

If you filed within the first 90 days, the Investigating Commissioner reviews your request and issues a written decision granting or denying it. If you filed after 90 days, the commission issues a dismissal notice. Either way, the case moves from active to closed and the MCAD stops investigating.²

Withdrawal is a one-way door. The MCAD’s own guidance is blunt: “This request cannot be reversed, this matter cannot be brought back to the MCAD.”¹ There is no appeal from the withdrawal itself. If a settlement later feels inadequate, or if you simply change your mind, you cannot reopen the same complaint.

One nuance: even after you withdraw, the commission keeps the right to initiate its own complaint based on the same allegations. This is uncommon, but 804 CMR 1.04(12)(e) expressly preserves that authority where the underlying conduct implicates a broader public interest.³

If your charge was dual-filed with the federal Equal Employment Opportunity Commission, withdrawing from the MCAD does not automatically close the EEOC charge, because the two are separate administrative proceedings handled by separate agencies.⁶ Contact the EEOC directly to confirm the status of the federal charge, and withdraw it separately if that is what you intend.

1
Mass.gov. File a Motion to Amend, Appeal, Remove, or Withdraw an MCAD Case
2
Mass.gov. Process and Procedure for Withdrawing a Complaint
3
Cornell Law Institute. Massachusetts Code 804 CMR 1.04 – Complaint Filing, Amendment and Withdrawal
4
Mass.gov. Massachusetts Commission Against Discrimination
5
General Court of Massachusetts. Massachusetts General Laws Chapter 151B Section 9
6
U.S. Equal Employment Opportunity Commission. Fair Employment Practices Agencies (FEPAs) and Dual Filing