Where a plaintiff has alleged that the defendant employer’s failure to promote was unlawfully discriminatory, the defendant should be awarded summary judgment because the plaintiff has conceded that she did not apply for either of the two positions over which her claim is based.
“Plaintiff Tanya Givens brings this action against Defendant Massachusetts Institute of Technology (‘MIT’) alleging race-based discrimination, hostile work environment, and retaliation in employment in violation of Mass. Gen. Laws c. 151B (‘Chapter 151B’) and Title VII of the Civil Rights Act of 1964 (‘Title VII’), and violations of the Family Medical Leave Act (‘FMLA’). …
“In July 2023, Ms. Givens went on FMLA leave. … During Ms. Givens’s FMLA leave, MIT created and filled positions for ‘Manager of Administrative, Clinical Operations, Primary Care’ (‘Primary Care Manager’) and a Manager of the Contact Center (‘Contact Center Manager’). … These positions were posted publicly, but Ms. Givens did not apply for either of these positions. …
“Ms. Givens contends that MIT’s failure to promote her to the position of either Primary Care Manager or Contact Center Manager constitutes unlawful racial discrimination. …
“Ms. Givens’s failure-to-promote claim fails as a matter of law because she has conceded that she did not apply for the positions. … Nor does she point to any evidence that such an application would have been futile as to justify waiving this requirement. …
“Even assuming that Ms. Givens had...
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