Legal Question in Employment Law in Massachusetts
Gender discrimination, harrassment & post-maternity promotional passover
For 4+ yrs. I have rec'd. excellent reviews & been told by sr. mgt. / HR that I'm a valued member of the team. However, I've been passed over for promotions 4x without viable explanation.
First, I was told ''sometimes you've got to scream the loudest;'' a man screamed the loudest (less qualified than I) & made $15K/yr. more than me.
Next, while I was on maternity leave, they extended an offer (for a higher position) to the person who covered for me (contract employee). When asked why I was not called about the position, HR told me that I wouldn't have taken the job b/c it required temporary out-of-state relocation & I had just had a baby.
Next, I was passed over for another man (again less qualified) who was terminated after a brief tenure.
Most recently, passed over yet again ... this time for a woman who has no professional experience for the job (which I've been doing & am eminently qualified for).
All I get from HR & Sr. Mgt. is ''oops!'' & I'm a ''very valued member of the team.'' These missed opportunities have cost me & my family (3 kids!) $250K+ in lost wages, 401K & bonus.
Should I pursue this legally? File a claim w/the state? EEOE?
2 Answers from Attorneys
Re: Gender discrimination, harrassment & post-maternity promotional passover
This facts that you describe would support a claim of gender discrimination and discrimination based on your having taken maternity leave. Such claims must be filed with the Massachusetts Commission Against Discrimination within 300 days of the most recent act of discrimination. The facts of the gender claim are somewhat more complex, given that the last time you were passed over a woman was hired. Also, depending on the timing of the first two instances where you were passed over, you may have to argue that a "continuing violation" has occurred in order for them to be considered at all. You can file such claims at the MCAD without a lawyer. However, I would encourage you to at least speak with a lawyer, because your claims must be pled properly or you may lose the right to pursue them.
Re: Gender discrimination, harrassment & post-maternity promotional passover
The facts you recited definitely demonstrate discrimination based on your gender. I would recommend an attorney, however, you may file a complaint with the Mass Commission Against Discrimination within 300 days of the date of the last denial of promotion. Be careful in the way you draft the complaint because the MCAD and the court now hold the scope of your case to the allegations in the compalint. Also name the decision maker in each of the postings and the personnel officer and anyone else you believe contributed to the hiring decision. Again, I would consult with an attorney.
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