Employers in Indiana are prohibited from discriminating against employees on the basis of gender under the Civil Rights Act of 1963 and the Equal Pay Act. Accordingly, employers may not take sex into account when they determine pay, hire new workers, or promote within the company. 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?
The Equal Pay Act allows discrimination to be proven 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 Kendallville may 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 any unwanted conduct of a sexual nature directed towards the victim, and includes both physical and verbal acts. Employers in Kendallville might be held liable for the sexual harassment, even when it was a co-worker who really engaged in the conduct.
Indiana employers who allow conduct to produce an overly sexual work atmosphere might also be held liable for sexual harassment. The specific details for proving intent to discrimination can be complicated, and so gender discrimination might be hard to prove without an attorney. The procedures for filing can also be complex.