The Civil Rights Act of 1963 and the Equal Pay Act prohibit employers in California from discriminating on the basis of gender. In accordance, employers may not take gender into account when making decisions regarding wages, hiring, or promotions. They must also make sure that working environments will not be hostile towards a certain gender and that the work atmosphere 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 Brea 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 Brea may be liable for such conduct, even when it is simply other co-workers that have engaged in harassment.
California employers who allow conduct to produce an overly sexual work atmosphere might also be held liable for sexual harassment. The specific details for proving intent to discrimination can be complicated, and so gender discrimination might be difficult to prove without an attorney. The procedures for filing can also be complex.