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 criteria. They are also required to make sure that the working environment is neither hostile to a particular 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. Employers in Union City can 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?
Any unwelcome sexual behavior directed at the victim, including physical or verbal acts, is considered to be sexual harassment. An Union City employer may be held liable for the unwelcome conduct, even if it was an employee's co-worker who engaged in the sexual harassment.
California employers can also be held liable for sexual harassment if it allows conduct that leads to an overly sexual work environment. It is typically somewhat challenging 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.