The Civil Rights Act of 1963 and the Equal Pay Act prohibit employers in Hawaii from discriminating on the basis of gender. Consequently employers cannot use sex or gender as a basis for determinations regarding wages, hiring procedures, or promotion policies. They also must ensure that working environments are not hostile or biased towards a particular 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 given different wages. A discrimination claim may also succeed when employers in Pukalani hire only one specific gender, issues promotions based on gender, or retaliates against persons who seek relief for employer misconduct.
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. An employer in Pukalani may be liable for such conduct, even when it is simply other co-workers that have engaged in harassment.
Hawaii employers who allow conduct to produce an overly sexual work atmosphere might also be held liable for sexual harassment. It is typically somewhat challenging 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.