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 ensure that working conditions are not hostile toward any one gender and that the environment is not overtly sexual.
What Must be Proven in a Discrimination Claim?
Discrimination happens according to the Equal Pay Act if both men and women are working in the same job and performing the same tasks, yet receive different wages. A discrimination claim may also succeed when employers in St. Joseph hire only one particular gender, issues promotions based on gender, or retaliates against persons who seek relief for employer misconduct.
When is Sexual Harassment Prohibited?
Sexual harassment encompasses all unwanted sexual behavior, whether verbal or physical, directed at the victim. A St. Joseph employer can be held liable for the unwelcome conduct, even if it was an employee's co-worker who engaged in the sexual harassment.
An Illinois employer can also be liable for harassment if they allow conduct to lead to an environment that is overly sexual. Gender discrimination is typically 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.