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Discrimination

A delay in hiring can be evidence of discrimination

In a recent decision in federal court in Massachusetts, an employee was allowed to proceed with her claim for sex discrimination even though the employer eventually hired her.  The employee argued that a less qualified male was hired before her, resulting in a delay in her winning a job.  There was disputed evidence that the company’s employees made disparaging comments about her job application because she is female.  The court rejected the employer’s attempt to get the case dismissed. The court ruled that the employee was entitled to have a jury decide whether discrimination was a factor in the job delay.  The court reasoned that, “Even if plaintiff was eventually hired, a substantial decision in the decision to hire her could constitute a discriminatory practice.”

A delay in hiring can be significant.  The delay can have serious consequences down the road on important items like seniority, benefits, retirement eligibility, and eligibility for transfers or promotions.

Pamela A. Smith
Law Office of Pamela A. Smith
233 Needham Street, Suite 540
Newton, MA 02464
617-969-2900

pam@pamsmithlaw.com

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