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 Wilmington 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. An employer in Wilmington can also possibly be held liable for inappropriate behavior that was conducted by an employee's co-worker.
Delaware employers might also be liable for permitting conduct to lead to a work environment that is overly sexual. The specific details for proving intent to discrimination can be complicated, and so gender discrimination might be difficult to prove without an attorney. The procedures for filing can also be complex.