Discrimination based on gender is prohibited for employers in West Virginia according to the Civil Rights Act of 1963, as well as the Equal Pay Act. In accordance, employers may not take gender into account when making decisions regarding wages, hiring, or promotions. 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?

Discrimination occurs according to the Equal Pay Act if both men and women are working in the same job and performing the same tasks, yet receive different wages. Employers in Hurricane may also be held liable in a discrimination claim if their hiring and promotion policies favor one gender, or if the they take retaliatory action against a worker who files a complaint against their employer.

When is Sexual Harassment Prohibited?

Physical or verbal acts of a sexual nature that are unwelcome to the victim are considered to be sexual harassment. An employer in Hurricane may be liable for such conduct, even when it is simply other co-workers that have engaged in harassment.

West Virginia employers may also be liable for allowing conduct to lead to a work environment that is overly sexual. The specific details for proving intent to discrimination can be complicated, and so gender discrimination might be hard to prove without an attorney. The procedures for filing can also be complex.