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 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 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. Employers in Tehachapi will also be held liable in a discrimination claim if their hiring and promotion policies favor one gender, or if the they take retaliatory action against a worker who files a complaint against their employer.
When is Sexual Harassment Prohibited?
Sexual harassment encompasses all unwanted sexual behavior, whether verbal or physical, directed at the victim. Employers in Tehachapi may also be liable for the behavior, even when the conduct was done by an employee's co-worker.
A California employer can also be liable for harassment if they allow conduct to lead to an environment that is overly sexual. Gender discrimination is usually 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.