e. Must I prove that I didn’t get the job because of my sex, and not my qualifications? If so how?
In Massachusetts, there are three steps to proving a case of discrimination. First, you must provide evidence which, if everything you alleged was true, would prove that your employer discriminated against you. This is called your "prima facie case." Next, your employer will be given an opportunity to produce a "plausible, legitimate and nondiscriminatory justification" for its conduct. Finally, you must rebut your employer’s argument and show either that the actual motivation was discriminatory or that the employer’s proffered reason for its conduct was pretext (a false or invented reason advanced to cover for a real, discriminatory reason). At all times, it is your responsibility to prove that discrimination was a "determinative factor" in the employer’s decision not to hire or promote you. However, "determinative factor" does not mean that discrimination was the only factor. You are not required to disprove all possible reasons that your employer could have had for not hiring or promoting you, only that the reason your employer produced is not the real reason. If, for instance, you succeed in persuading the court that your employer’s proffered reason was pretext, you should prevail in your case. In the end, the judge or jury will weigh all the evidence and decide if there is enough evidence to infer discriminatory intent on the part of your employer.