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 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?
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 nonetheless paid in different amounts. Discrimination claims in Elmwood Park 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 consists of any unwanted conduct of a sexual nature directed towards the victim, and includes both physical and verbal acts. Employers in Elmwood Park might be held liable for the sexual harassment, even when it was a co-worker who really engaged in the conduct.
Illinois employers who allow conduct to produce an overly sexual work atmosphere might also be held liable for sexual harassment. Gender discrimination is normally 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.