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 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?

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. Additionally, a claim may prevail if an employer in Newark hires only one gender, promotes workers because of their gender, or retaliates against those seeking relief for this misconduct.

When is Sexual Harassment Prohibited?

Any unwelcome sexual behavior directed at the victim, including physical or verbal acts, is considered to be sexual harassment. A Newark employer could be held liable for the unwelcome conduct, even if it was an employee's co-worker who engaged in the sexual harassment.

California employers who allow conduct to produce an overly sexual work atmosphere might also be held liable for sexual harassment. It is typically somewhat challenging 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.