The Civil Rights Act of 1963 and the Equal Pay Act prohibit employers in California against discriminating on the basis of gender. Therefore, gender may not be the basis for any employer decisions regarding pay, hiring policies, or promotion policies. They are also required to make sure that the working environment is neither hostile to a certain 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 nonetheless paid differently. Discrimination claims in Hercules can be shown where the employer only hires one gender, promotes employees on the basis of gender, or acts in retaliation against a worker who has complained of employer misconduct.
When is Sexual Harassment Prohibited?
Sexual harassment consists of all unwanted conduct of a sexual nature directed towards the victim, and includes both physical and verbal acts. Employers in Hercules may be held liable for the sexual harassment, even when it was a co-worker who really engaged in the conduct.
California employers may also be held liable for sexual harassment if it permits conduct that leads to an overly sexual work environment. It is normally somewhat hard to prove gender discrimination if you don't have an attorney, because certain aspects such as proving intent can be complex. Pursuing a claim also involves following procedures, many of which can be detailed.