Racial, National Origin, Ancestry or Religious Discrimination
General Laws c. 151B, Section 4 provides: It shall be an unlawful practice: 1. For an employer, by himself or his agent, because of the race, color, religious creed, national origin, sex, sexual orientation, [not involving minor children], genetic information, or ancestry of any individual to refuse to hire or employ or to bar or to discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment, unless based upon a bona fide occupational qualification.
Racial Discrimination in Failure to Promote
MCAD found for the complainant, when the employer failed to select her for the two promotional opportunities for which she had applied. As an African-American, she clearly was in a protected category. Her evidence established that she was qualified for the promotional opportunities for which she applied. She was not selected for either position. Finally, she demonstrated that the employer filled the positions with persons outside of her protected category. MCAD found for her and awarded substantial damages – lost wages and for emotional distress.