The Civil Rights Act of 1963 and the Equal Pay Act prohibit employers in California from discriminating on the basis of gender. Accordingly, gender may not be the basis for any employer decisions regarding pay, hiring policies, or promotion requirements. They are also required to make sure that the working environment is neither hostile to a specific gender nor overtly sexual.
What Must be Proven in a Discrimination Claim?
Under the Equal Pay act, discrimination can be proven if men and women both work in the same place, do the same job, but are nevertheless paid differently. Also, discrimination can be proven if the employer in Encinitas 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?
Physical or verbal acts of a sexual nature that are unwelcome to the victim are considered to be sexual harassment. An employer in Encinitas may also potentially be held liable for inappropriate behavior that was conducted by an employee's co-worker.
If the employer allows conduct to create an overly sexual work environment, they might be held liable for sexual harassment in California. It can be difficult to prove gender discrimination without first obtaining a lawyer, since specifics such as proving intent can often be complicated. There might also be procedures that must be followed in detail when one pursues a claim.