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 Winters 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?

Sexual harassment consists of any unwanted conduct of a sexual nature directed towards the victim, and includes both physical and verbal acts. Employers in Winters might be held liable for the sexual harassment, even when it was a co-worker who directly engaged in the conduct.

California employers can also be held liable for sexual harassment if it allows conduct that leads to an overly sexual work environment. It can be challenging to prove gender discrimination without first obtaining a lawyer, since specifics such as proving intent can often be complicated. There might also be procedures that must be followed in detail when one pursues a claim.