The Civil Rights Act of 1963 and the Equal Pay Act prohibit employers in Hawaii against discriminating on the basis of gender. Consequently employers cannot use sex or gender as a basis for determinations regarding wages, hiring policies, or promotion policies. They also must ensure that working environments are not hostile or biased towards a certain gender, and that it is not of an overtly sexual atmosphere.
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, a claim may succeed if an employer in Ewa Beach hires only one gender, promotes workers because of their gender, or retaliates against those seeking relief for this misconduct.
When is Sexual Harassment Prohibited?
All unwelcome sexual behavior directed at the victim, including physical or verbal acts, is considered to be sexual harassment. An employer in Ewa Beach can also possibly be held liable for inappropriate behavior that was conducted by an employee's co-worker.
Hawaii employers who allow conduct to produce an overly sexual work atmosphere may also be held liable for sexual harassment. 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.