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 criteria. They are also required to make sure that the working environment is neither hostile to a particular 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 still paid differently. Employers in National City can 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 regarded to be sexual harassment. A National City employer can be held liable for the unwelcome conduct, even if it was an employee's co-worker who engaged in the sexual harassment.
A California employer can also be liable for harassment if they allow conduct to lead to an environment that is overly sexual. It can be challenging 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.