Boston Employment Attorney Blog
Overview: In Eslinger v. MA Department of Transportation, the MCAD found in favor of the Respondent, dismissing a claim of gender discrimination from MassHighway’s former Deputy Chief Engineer of Bridges and Asset Management. The Complainant had alleged that she was the victim of gender discrimination when she was reassigned to an inferior MassDOT position and was passed over for a Deputy Chief role following a department-wide reorganization.
Though lacking direct evidence, the Complainant successfully set forth a prima facie case of gender-based discrimination under the three-stage burden-shifting framework set forth in McDonnell Douglas Corp. v. Green. The Respondent, however, provided credible evidence that the Complainant was reassigned because of consolidation required by the enactment of the Transportation Reform Act. The Complainant failed to show that the Respondent acted with a discriminatory motive or state of mind when carrying out the required reorganization.
Decision Date: February 24, 2017
Docket Number: 10-BEM-02076
Hearing Officer: Eugenia M. Guastaferri
Claims: Employment discrimination based on gender
Prevailing Party: Respondent
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