Legal Question in Discrimination Law in Massachusetts

Sexual Discrimination

I have been teaching at a not for profit institution for 12 years. I am the most senior full time staff member. My contract is renewable and negotiotable on an annual basis. Recently, a new faculty member was hired to replace one that resigned. The newly hired replacement is less educated, has less experience and has fewer responsibilities than I do. He is male, and I am female.

My request for salary increasee was denied with the explanation that the institution could not afford to pay me any more. I am reasonably certain that the newly hired employee is making signifigantly more than me (he has relocated his family to take this position). I have asked if the new person is paid more than I and the response is that I am not comparing apples to apples.

There is another male employee with the equivilant position who I also believe is being compensated at a rate that is more than mine.

What do I need to do to prove sexual discrimination?

I am not seeking compensatory damages, only fair treatment.


Asked on 8/31/01, 7:08 pm

1 Answer from Attorneys
J. Whitfield Larrabee J. Whitfield Larrabee

Re: Sexual Discrimination

Greetings:

You have good reason to suspect that you are

being discriminated against.

I normally advise clients to immediately file

a "charge of discrimination" with the MCAD

(Massachusetts Commission Against Discrimination)

under these circumstances. There is not filing

fee. I make this recommendation because delay in

filing a "charge of discrimination" with the MCAD

could result in a loss of rights due to the short

(6 month)statute of limitations for discrimination

claims in Massachusetts.

In your case, where the discrimination is ongoing,

the statute of limitations issue exists but may not

be an immediate concern.

Rather than rushing into litigation, you could

more firmly communicate your complaint to your

employer in writing, either by yourself or

through an attorney. If you don't get a prompt

satisfactory response, you could then file a

charge of discrimination.

Good Luck,

J. Whitfield Larrabee

617-566-3670

http://www.gis.net/~larrabee/

Read more
Answered on 10/01/01, 6:08 pm


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