Legal Question in Discrimination Law in Massachusetts

Equal opportunity

Hello I work at a well know company in the northeast reigon.Basically what is happening is i have been with the company for 4 years and I am looking to advance into a leadership role in my department.I have previous leadership experience in another company and I have the minimum 4 year job requirement that was on the posting.Well the first time that the job came around I was deemed not ready for the job while two of my coworkers were granted an interview. And keep in mind I provide floor support(basically act as a supervisor in their absence). The second time this last round my supervisor told me that there were more qualified candidates and that they were not gonna hire anyone from the sales floor so i shouldnt bother wasting my time going through the process.Well come to find out they did hire someone from the floor who has been here 6 months who I basically trained. I was thinking of filing with the equal employment opportunity commision but wanted to post here to see if i could get any other suggestions. Im feeling totally demoralized and frustrated


Asked on 8/15/02, 11:29 am

2 Answers from Attorneys

Nance Lyons Law Office of Nance Lyons

Re: Equal opportunity

You do not say what classification you are a member of. You need to prove that you were denied the promotion because of your sex, age, etc. If you can't do that, you have no case.

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Answered on 8/15/02, 12:20 pm
J. Whitfield Larrabee J. Whitfield Larrabee

Re: Equal opportunity

Generally, a company can hire anyone it wants

for any position as long as its decision is not

made for an illegal discriminatory reason.

If, for example, you are a female and your company

hired a less qualified male employee for the position

you describe, you may have a claim of discrimination.

If the company made its decision based on issues of

personality or other criteria which did not amount

to illegal discrimination, you would have no claim.

You may call me to discuss this at greater length if

you would like. There are a range of factors which

could effect whether you have a claim against this

company and you do not provide enough information

to make a determination in your particular case.

JWL

617-566-3670

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Answered on 8/15/02, 12:57 pm


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