Discriminatory Hiring/Promotions Policies

 

I wasn’t hired and I think it’s because I’m a woman.

 

 

a. I think I wasn’t hired/promoted because I’m a woman, how do I prove it?

 

b. How do I prove I belong to a protected group?

 

c. How do I prove I was qualified for the position?

 

d. How do I prove another person with similar qualifications bur not a member of my protected class got the position?

 

e. Must I prove that I didn’t get the job because of my sex, and not my qualifications? If so how?

 

f. Does it matter when the discrimination occurred? (New window to WDTLS)

 

g. What options do I have if I my employer has fewer than 6 employees? (New window to WDTLS)

 

h. If I prove my hiring discrimination claim, what kind of remedies am I entitled to? (New window to Remedies)

 

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a. I think I wasn’t hired/promoted because I’m a woman, how do I prove it?There are four elements the court uses to determine if you were not promoted/hired because you are a female:
1. You belong to a "protected group."
2. You were qualified for and you applied for the position.
3. A man with similar qualifications was promoted/hired.
4. You were denied the promotion/job.

 

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b. How do I prove I belong to a protected group?
By being female, you automatically are a member of a protected group.

 

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c. How do I prove I was qualified for the position?
The court will look at the qualifications and responsibilities of the position for which you applied and compare them with your duties and responsibilities at your current job. The court will also look at any past work evaluations and work recommendations and your education.

 

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d. How do I prove another person with similar qualifications but not a member of my protected class got the position?
If the person who received the position is a man, he is not a member of your protected group. To determine if the person who received the position had similar qualifications, the courts will look at the same information they look at to determine what your qualifications were. The courts will compare qualifications such as your current or recent job responsibilities, duties, work abilities and prior training with those of the person who received the position. If this person was under-qualified for the position, or less qualified than you, and not a female, this element is also satisfied.

 

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e. Must I prove that I didn’t get the job because of my sex, and not my qualifications? If so how?
In Massachusetts, there are three steps to proving a case of discrimination. First, you must provide evidence which, if everything you alleged was true, would prove that your employer discriminated against you. This is called your "prima facie case." Next, your employer will be given an opportunity to produce a "plausible, legitimate and nondiscriminatory justification" for its conduct. Finally, you must rebut your employer’s argument and show either that the actual motivation was discriminatory or that the employer’s proffered reason for its conduct was pretext (a false or invented reason advanced to cover for a real, discriminatory reason). At all times, it is your responsibility to prove that discrimination was a "determinative factor" in the employer’s decision not to hire or promote you. However, "determinative factor" does not mean that discrimination was the only factor. You are not required to disprove all possible reasons that your employer could have had for not hiring or promoting you, only that the reason your employer produced is not the real reason. If, for instance, you succeed in persuading the court that your employer’s proffered reason was pretext, you should prevail in your case. In the end, the judge or jury will weigh all the evidence and decide if there is enough evidence to infer discriminatory intent on the part of your employer.

 


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