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?

The Equal Pay Act allows discrimination to be shown if it can be shown that both men and women work for the same employer doing the same tasks, and yet are paid differently. Also, discrimination can be proven if the employer in San Clemente is only hiring or issuing promotions based on one gender. A claim will also prevail if the employer retaliates against workers who seek relief for discrimination.

When is Sexual Harassment Prohibited?

Sexual harassment encompasses all unwanted sexual behavior, whether verbal or physical, directed at the victim. An employer in San Clemente can also possibly be held liable for inappropriate behavior that was conducted by an employee's co-worker.

California employers who allow conduct to produce an overly sexual work atmosphere may also be held liable for sexual harassment. Without a lawyer, it can be difficult to prove gender discrimination because the details in proving intent are often complicated. Furthermore, there can be specific procedures that must be closely followed in pursuing a claim.