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 Orange 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. An employer in Orange could 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. Gender discrimination is typically difficult to prove without a lawyer because the specifics of proving intent can be complicated. There are also detailed procedures that must be followed when pursuing a claim.