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 Joaquin 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?

All unwelcome sexual behavior directed at the victim, including physical or verbal acts, is considered to be sexual harassment. Employers in San Joaquin may also be liable for the behavior, even when the conduct was done by an employee's co-worker.

A California employer might also be liable for harassment if they allow conduct to lead to an environment that is overly sexual. Gender discrimination is normally 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.