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  1. #1
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    Dec 2019
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    Default Preparing for Gender Discrimination in Job Hunt

    My question involves labor and employment law for the state of: Massachusetts primarily, but also others in the Northeast and west coast.

    What is the best way for me to get information related to documenting and addressing gender discrimination in hiring? Iím about to embark on a multi-state job hunt and there will be entities that wonít hire based upon my gender. Essentially, Iíd like to be prepared to document and pursue these instances as they occur within larger institutions that donít necessarily have a policy, but do have one or two individuals with strongly held biases.

  2. #2
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    Mar 2013
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    Default Re: Preparing for Gender Discrimination in Job Hunt

    If you go into interviews with that chip on your shoulder you'll never get hired and it won't be gender discrimination.

  3. #3
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    Oct 2014
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    7,614

    Default Re: Preparing for Gender Discrimination in Job Hunt

    Quote Quoting Jonnnn1923
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    My question involves labor and employment law for the state of: Massachusetts primarily, but also others in the Northeast and west coast.

    What is the best way for me to get information related to documenting and addressing gender discrimination in hiring? I’m about to embark on a multi-state job hunt and there will be entities that won’t hire based upon my gender. Essentially, I’d like to be prepared to document and pursue these instances as they occur within larger institutions that don’t necessarily have a policy, but do have one or two individuals with strongly held biases.
    What exactly do you mean by gender discrimination? Sex discrimination by employers is illegal under federal law, but it is not entirely clear that discrimination based on non-binary gender identity is protected. So the details of what discrimination you expect you may encounter are important.

  4. #4
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    Mar 2013
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    Default Re: Preparing for Gender Discrimination in Job Hunt

    Quote Quoting Jonnnn1923
    View Post
    My question involves labor and employment law for the state of: Massachusetts primarily, but also others in the Northeast and west coast.

    What is the best way for me to get information related to documenting and addressing gender discrimination in hiring? I’m about to embark on a multi-state job hunt and there will be entities that won’t hire based upon my gender. Essentially, I’d like to be prepared to document and pursue these instances as they occur within larger institutions that don’t necessarily have a policy, but do have one or two individuals with strongly held biases.
    I'm just curious. If 10 people apply for one job opening, nine of them are going to be disappointed. When it turns out you are not the anointed one, how do you determine it was the result of gender discrimination rather than whatever caused the other nine to not be hired? I mean really, you can't fit all 10 job applicants into one vacant position.

  5. #5
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    Default Re: Preparing for Gender Discrimination in Job Hunt

    Not to mention the fact that there is a 50% chance that the person hired is going to have a different set of genitalia than you do.

    (Man, PC can be a bear sometimes )

  6. #6
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    Nov 2013
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    Default Re: Preparing for Gender Discrimination in Job Hunt

    Quote Quoting Jonnnn1923
    View Post
    My question involves labor and employment law for the state of: Massachusetts primarily, but also others in the Northeast and west coast.

    What is the best way for me to get information related to documenting and addressing gender discrimination in hiring? I’m about to embark on a multi-state job hunt and there will be entities that won’t hire based upon my gender. Essentially, I’d like to be prepared to document and pursue these instances as they occur within larger institutions that don’t necessarily have a policy, but do have one or two individuals with strongly held biases.
    Sounds to me that you are on a hunting expedition to find some cause of action in being hired and not getting the position based on gender discrimination. Good luck with your cause because gender discrimination may apply within a company when considering a promotion but it does not apply to getting a job unless you are part of say the civil service sector where there are rankings and a more qualified candidate was bypassed because of gender.

    An employer can hire whomever they want that is qualified for the job irrelevant of the gender.

  7. #7

    Default Re: Preparing for Gender Discrimination in Job Hunt

    Budwad wrote: "...gender discrimination .. does not apply to getting a job unless you are part of say the civil service sector."

    This is incorrect.
    Title VII prohibits discrimination on the basis of sex in all aspects of employment, including hiring.

    The relevant portion of the statute reads as follows (with a few key phrases in bold):

    (a) Employer practices

    It shall be an unlawful employment practice for an employer -

    (1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin; or

    (2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, color, religion, sex, or national origin.

  8. #8
    Join Date
    Oct 2016
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    3,557

    Default Re: Preparing for Gender Discrimination in Job Hunt

    Quote Quoting budwad
    View Post
    Sounds to me that you are on a hunting expedition to find some cause of action in being hired and not getting the position based on gender discrimination. Good luck with your cause because gender discrimination may apply within a company when considering a promotion but it does not apply to getting a job unless you are part of say the civil service sector where there are rankings and a more qualified candidate was bypassed because of gender.

    An employer can hire whomever they want that is qualified for the job irrelevant of the gender.
    Are you on dope?

  9. #9
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    Nov 2013
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    Default Re: Preparing for Gender Discrimination in Job Hunt

    Quote Quoting MiddlePart
    View Post
    Budwad wrote: "...gender discrimination .. does not apply to getting a job unless you are part of say the civil service sector."

    This is incorrect.
    Title VII prohibits discrimination on the basis of sex in all aspects of employment, including hiring.

    The relevant portion of the statute reads as follows (with a few key phrases in bold):

    (a) Employer practices

    It shall be an unlawful employment practice for an employer -

    (1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin; or

    (2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, color, religion, sex, or national origin.
    Go ahead and prove that an employer failed to hire someone based on gender rather then on qualifications or any other criteria of the employer that is not discriminatory under the law. If a candidate must be able to lift 80 Lbs. and no candidates can except males, is that gender discrimination?

    In every MA case I looked at, the plaintiff was already an employee not a candidate for employment.

    Find a case if you can.

    Quote Quoting PayrolGuy
    View Post
    Are you on dope?
    No I'm not but perhaps you are. Maybe not but you are a dope none the less.

    I base my answer on the law. If you have something to post that shows I'm incorrect, post it. Otherwise shut up.

  10. #10

    Default Re: Preparing for Gender Discrimination in Job Hunt

    Here are a couple:

    Phillips v. Martin Marietta Corp., 400 U.S. 542 (1971)
    Dothard v. Rawlinson, 433 U.S. 321 (1977)

    and, because the OP is in Massachusetts:
    WYNN & WYNN, P.C. VS. MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION, 431 Mass. 655 (2000)

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