The Civil Rights Act of 1963 and the Equal Pay Act prohibit employers in Illinois from discriminating on the basis of gender. As such, employers may not use make any determinations based on gender in any areas such as wage amounts, hiring, and promotion requirements. 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?
Discrimination can be proven under the Equal Pay act if both men and women do the same type of work for the same employer but are still paid in different amounts. Discrimination claims in Elgin can be proven where the employer only hires one gender, promotes employees on the basis of gender, or acts in retaliation against a worker who has complained of employer misconduct.
When is Sexual Harassment Prohibited?
Sexual harassment includes any unwanted sexual behavior, whether verbal or physical, directed at the victim. An employer in Elgin could also potentially be held liable for inappropriate behavior that was conducted by an employee's co-worker.
Illinois employers who allow conduct to produce an overly sexual work atmosphere might also be held liable for sexual harassment. 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.