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 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?
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. Furthermore, a claim may prevail if an employer in Rancho Mirage hires only one gender, promotes workers because of their gender, or retaliates against those seeking relief for this misconduct.
When is Sexual Harassment Prohibited?
Sexual harassment encompasses any unwelcome or unwanted conduct of a sexual nature that is directed at the victim, whether it is physical or verbal. A Rancho Mirage 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 may also be liable for allowing conduct to lead to a work environment that is overly sexual. 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.