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. Additionally, a claim may succeed if an employer in Kihei hires only one gender, promotes workers because of their gender, or retaliates against those seeking relief for this misconduct.
When is Sexual Harassment Prohibited?
Physical or verbal acts of a sexual nature that are unwelcome to the victim are regarded to be sexual harassment. An employer in Kihei might also possibly be held liable for inappropriate behavior that was conducted by an employee's co-worker.
If the employer permits conduct to create an overly sexual work environment, they may be held liable for sexual harassment in Hawaii. Without a lawyer, it can be difficult to prove gender discrimination because the details in proving intent are often complicated. Additionally, there can be specific procedures that must be closely followed in pursuing a claim.