Legal Question in Discrimination Law in Massachusetts
Can my company taylor applications for advancement to eliminate qualifing minori
My company has in the last few years used criteria on
management positions as a tool to eliminate qualified
minorities from advancing. Before a recient positon was
posted in which I was senior and most qualified the management suspended me and then disqualified me from
the position. I am a female in an all male business, and
the white males are being groomed to advance while I and
two other black males have been eliminated. I am meeting
with a mediator for EEOC this week. I have documentation
to prove the desparate impact that has been created. My
company has an agreement with the Attorney General that
they would stop the discriminating practices, but it is
business as usual. The positon that I did not get would have
meant a substancial raise in my retirement. The efforts
to eliminate me and bring in a white male friend has come
down to the chief engineer in my department. I have worked
for the company since 1977, and have risen from the bottom.
I am doing this on my own; as my business agent is conected
to the CE,and the company's department of diversity has
dragged their feet in a finding. My Question: Am I on
the right track in tring to eliminate the discriminatin
in my department?
2 Answers from Attorneys
Re: Can my company taylor applications for advancement to eliminate qualifing mi
You are most certainly right. What you have come to realize is that discrimination on any basis, other than merit, is a rot that eventually touches even those who don't seem to originally fit the original discriminated class, as a result, it is important, and even in your self interest, to fight it at the beginning. You are certainly doing the right thing!!!
Re: Can my company taylor applications for advancement to eliminate qualifing mi
Yes. Of course as you know it is very difficult to prove discrimination. EEOC arbitration is coming soon so be prepared. Also check whether MA Commission on Discrimination can handle case after this arbitration because there is a Federal case that says hiring a friend is not discrimination.
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