What Type of Conduct is Prohibited in Kentucky?
Employers in Kentucky are prohibited from discriminating against employees on the basis of gender under the Civil Rights Act of 1963 and the Equal Pay Act. Accordingly, gender may not be the basis for any employer decisions regarding pay, hiring policies, or promotion requirements. They must also ensure that the workplace environment is not hostile to a particular gender and that it is not overly sexual.
What Must be Proven in a Discrimination Claim?
The Equal Pay Act allows discrimination to be proven if it can be shown that both men and women work for the same employer doing the same tasks, and yet are paid differently. Also, discrimination can be proven if the employer in Richmond is only hiring or issuing promotions based on one gender. A claim will also succeed if the employer retaliates against workers who seek relief for discrimination.
When is Sexual Harassment Prohibited?
Any unwelcome sexual behavior directed at the victim, including physical or verbal acts, is considered to be sexual harassment. An employer in Richmond may be liable for such conduct, even when it is simply other co-workers that have engaged in harassment.
A Kentucky employer could also be liable for harassment if they allow conduct to lead to an environment that is overly sexual. Without a lawyer, it can be difficult to prove gender discrimination because the details in proving intent are often complicated. Also, there can be specific procedures that must be closely followed in pursuing a claim.
