Submitted by SBolden on Sat, 06/27/2009 - 08:45
I was recently passed over for a promotion for a job, and I think I was clearly the most qualified person (by a long shot). I want to keep this vague for privacy but I am a 'person of color' and the person who got the job is not. I don't know much about employment law and have no idea if I was discriminated against because of my color, but does this sound like something that could be discrimination under MA law?
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Editor's Response
Under both Massachusetts and Federal law, an employer is under no obligation to hire the most qualified candidate (assuming your assessment of your relative qualifications is accurate). However, the employer cannot make hiring or promotion decisions based on race (or age, sex, religion, national origin, or disability). I encourage your to discuss your case with an attorney who does employment law in Massachusetts, but if you are not sure if you were discriminated against, how the heck can you convince a judge or jury. Your attorney may help you analyze the situation and consider other factors that may indicate whether or not you were passed over because of illegal discrimination. For example, have there been any other recent instances where highly qualified minorities were passed over for other jobs? Good luck, and please tell your friends about The Forum.