Dunn v. Langevin
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The Supreme Judicial Court affirmed the judgment of the superior court dismissing Plaintiff's Mass. Gen. Laws ch. 151B claims, holding that tolling does not apply to the time limits established in Mass. Gen. Laws ch. 151B, 5, including the requirement that claims be pursued by first filing a complaint with the Massachusetts Commission Against Discrimination (MCAD) "within 300 days after the alleged act of discrimination."
Approximately one year after his termination, Plaintiff filed a complaint with the MCAD alleging sexual harassment, in violation of Mass. Gen. Laws ch. 151B, 4 (16A), and retaliation, in violation of Mass. Gen. Laws ch. 151B, 4. Plaintiff later amended his complaint to add his chapter 151B claims. The motion judge granted Defendants' motion to dismiss, reasoning that this Court's emergency orders issued during the early months of the COVID-19 pandemic applied only to courts, not the MCAD, and that equitable tolling did not apply. The Supreme Judicial Court affirmed, holding that tolling did not apply to the time limits in this case.
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