The Civil Rights Act of 1963 and the Equal Pay Act prohibit employers in Delaware 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 ensure that working conditions are not hostile toward any one gender and that the environment is not overtly sexual.
What Must be Proven in a Discrimination Claim?
Under the Equal Pay Act, discrimination is proven when both men and women do the same type of work in the same job and yet are paid different wages. Also, discrimination can be proven if the employer in Newark 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?
Sexual harassment encompasses all unwanted sexual behavior, whether verbal or physical, directed at the victim. Employers in Newark may be held liable for the sexual harassment, even when it was a co-worker who actually engaged in the conduct.
If the employer permits conduct to create an overly sexual work environment, they may be held liable for sexual harassment in Delaware. 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.