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 requirements. They are also required to make sure that the working environment is neither hostile to a specific 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. Also, discrimination can be proven if the employer in San Jacinto is only hiring or issuing promotions based on one gender. A claim will also succeed if the employer retaliates against workers who seek relief for discrimination.
When is Sexual Harassment Prohibited?
Any unwelcome sexual behavior directed at the victim, including physical or verbal acts, is considered to be sexual harassment. Employers in San Jacinto might also be liable for the behavior, even when the conduct was done 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. It is usually somewhat difficult 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.