The Civil Rights Act of 1963 and the Equal Pay Act prohibit employers in Illinois against discriminating on the basis of gender. As such, employers can not use make any determinations based on gender in any areas such as wage amounts, hiring, and promotion requirements. They are also required to make sure that the working environment is neither hostile to a particular gender nor overtly sexual.
What Must be Proven in a Discrimination Claim?
The Equal Pay Act allows discrimination to be shown if it can be shown that both men and women work for the same employer doing the same tasks, and yet are paid differently. Employers in Batavia can also be held liable in a discrimination claim if their hiring and promotion policies favor one gender, or if the they take retaliatory action against a worker who files a complaint against their employer.
When is Sexual Harassment Prohibited?
Sexual harassment consists of all unwanted conduct of a sexual nature directed towards the victim, and includes both physical and verbal acts. An employer in Batavia might be liable for such conduct, even when it is simply other co-workers that have engaged in harassment.
An Illinois employer can also be liable for harassment if they allow conduct to lead to an environment that is overly sexual. The specific details for proving intent to discrimination can be complicated, and so gender discrimination might be challenging to prove without an attorney. The procedures for filing can also be complex.